Haraguchi v. Super. Ct. 10/5/06 CA2/6

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B191161

Case Date: 12/20/2006

Preview:Filed 10/5/06

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX

MASSEY HARAGUCHI, Petitioner, v. THE SUPERIOR COURT OF SANTA BARBARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

2d Civil No. B191161 (Super. Ct. No. 1203536) (Santa Barbara County)

Massey Harushi Haraguchi petitions for a writ of mandate directing the respondent trial court to grant his motion to recuse Deputy District Attorney Joyce Dudley (Dudley) and the Office of the District Attorney of Santa Barbara County. According to petitioner, "Dudley has a conflict of interest based on the fact that she is prosecuting petitioner in a rape by intoxication case at the same time she is promoting a self-published novel about a rape by intoxication case which includes details from petitioner's case." We will grant the petition as to Dudley with the hope that this case of first impression will make a case of lasting impression.1 We deny the request to recuse the entire office of the Santa Barbara District Attorney. Other than speculation, there is no evidence of the likelihood of unfairness
1

Factual and Procedural Background On September 14, 2005, an information was filed charging petitioner, inter alia, with rape of an intoxicated person. (Pen. Code,

Download Haraguchi v. Super. Ct. 10/5/06 CA2/6.pdf