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Modification: Schumb v. Superior Court (People)

Ruling by

Adrienne M. Grover

Lower Court

Santa Clara County Superior Court

Lower Court Judge

Eric S. Geffon
Trial court abused its discretion in denying defendant's motion to disqualify Santa Clara County District Attorney's Office from prosecuting his case because of his friendship with elected District Attorney.



Court

California Courts of Appeal 6DCA

Cite as

2021 DJDAR 6521

Published

Jun. 29, 2021

Filing Date

Jun. 25, 2021

Opinion Type

Modification

Disposition Type

Petition Granted

Case Fully Briefed

Jan. 21, 2021

Oral Argument

Apr. 26, 2021


CHRISTOPHER SCHUMB,

Petitioner,

v.

THE SUPERIOR COURT OF SANTA CLARA COUNTY,

Respondent;

 

THE PEOPLE,

Real Party in Interest.

 

No. H048532

(Santa Clara County Super. Ct. No. C2010724)

California Courts of Appeal

Sixth Appellate District

Filed June 25, 2021

 

ORDER MODIFYING OPINION AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

 

BY THE COURT:

It is ordered that the opinion filed herein on May 28, 2021 be modified as follows.

On page 15, the final sentence of the opinion is deleted and replaced with the following: Upon issuance of the remittitur, the temporary stay order is vacated.

There is no change in the judgment.

The petition for rehearing is denied.

 

 

ELIA, A.P.J.

GROVER, J.

WISEMAN, J.*

 

 

 

* Retired Associate Justice of the Court of Appeal, Fifth Appellate District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

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