Millsap

Millsap v. Superior Court

Good Law
1999 Cal. App. LEXIS 179·70 Cal. App. 4th 196·82 Cal. Rptr. 2d 733·99 Daily Journal DAR 2005·99 Cal. Daily Op. Serv. 1562
Court of Appeal of CaliforniaMarch 2, 1999B126913California3,091 words

Opinion

Opinion

Epstein, J.

J.Bruce Millsap stands charged with 27 felony counts. Eight of these allege first degree murder; the death penalty is sought for each of the eight. For most counts, Millsap is charged with other codefendants. Counts 25 and 26 of the information each alleges that Millsap solicited the murder of a deputy district attorney (DDA) of Los Angeles. Neither target victim is named in the pleading, but it is undisputed that they are, respectively, DDA’s Kevin J. McCormick and Antony J. Myers. They are the prosecuting attorneys assigned to the case. Because of that circumstance, Millsap moved to recuse the Los Angeles District Attorney and all of his deputies. The motion was contested and denied. Millsap then sought a writ of mandate or prohibition from this court which would command the trial court to order the recusal he sought. We issued an alternative writ in which we commanded respondent court to recuse the two deputies from prosecuting counts 25 and 26, or to show cause. The district attorney, real party in interest in these proceedings, has filed a return to our order. After full review of the materials submitted and authorities cited, we have concluded that DDA’s McCormick…

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