₦airaland Forum

budaatum:
As the judge said, "perception of impropriety". And not many would argue that perception does not exist. Magas here sure would perceive impropriety, and dump definitely will claim harm and prejudice even though this ruling does not help him achieve his goal, and that would become the show while the prosecution of dump is on the side.

Fanni should have known better. Her actions are letting dump off.

4. In two separate enumerations of error, Billings asserts that the trial court erred in failing to grant his alternative motion to dismiss or disqualify the district attorney's office from the prosecution of this case based upon a conflict of interest and an appearance of impropriety. Beth McFadyen, an assistant district attorney at the time of trial, represented Slappey while employed with the public defender's office and negotiated his guilty plea in December 1992. Billings was also represented by the public defender's office prior to the assignment of outside counsel based upon a conflict of interest.

A conflict of interest warranting the disqualification of a prosecuting attorney "has been held to arise where the prosecutor previously has represented the defendant with respect to the offense charged , or has consulted with the defendant in a professional capacity * 129 with regard thereto. . . ." Williams v. State, 258 Ga. 305, 314 (369 SE2d 232) (1988). "It would clearly be improper for an attorney to change roles from the prosecution to the defense (and vice versa) in the same case." Frazier v. State, 257 Ga. 690, 693 (9) (362 SE2d 351) (1987). While we agree with Billings that an appearance of impropriety exists, other members of the office of the prosecuting attorney were not disqualified from the prosecution of this action. Although Directory Rule 5-105 (D) of the Georgia Code of Professional Responsibility provides that no partner or associate of the firm where an attorney is disqualified from the representation of a client may accept or continue employment with the client based upon a conflict of interest, this "imputed disqualification rule was not meant to encompass governmental law offices. . . . The salaried government employee does not have the financial interest in the success of departmental representation that is inherent in private practice." (Citations and punctuation omitted.) Frazier v. State, supra at 694. Vicarious disqualification of a government department is not necessary or wise, and the individual lawyer should be screened from any direct or indirect participation in the matter, and discussion with colleagues concerning the case should be prohibited. Id. In the case at bar, McFadyen testified unequivocally that she did not participate directly or indirectly in the prosecution of this case since joining the office of the district attorney and did not consult with any person in the district attorney's office on this case. Accordingly, the trial court did not err in denying Billings' motion to disqualify. See Pullen v. State, 208 Ga. App. 581 (3) (431 SE2d 696) (1993).

Head contends the investigator's close personal relationship with the victim disqualifies the district attorney and every prosecutor on his staff. It is possible for a *538 disqualifying conflict of interest to arise where a prosecutor has acquired a personal interest or stake in the defendant's conviction. Williams v. State, 258 Ga. 305, 314-315, 369 S.E.2d 232 (1988). For example, a prosecutor's close personal relationship with the victim in a case may create at least the appearance of a prosecution unfairly based on private interests rather than one properly based on vindication of public interests. Christopher Vaeth, Annotation, Disqualification or Recusal of Prosecuting Attorney Because of Relationship with Alleged Victim or Victim's Family, 12 ALR 5th 909 (2001). In that case, the individual prosecutor who has the conflict may be disqualified from participation in the case, but not all the other prosecutors who work with him. See Frazier v. State, 257 Ga. 690, 693-695, 362 S.E.2d 351 (1987).

There was no evidence of any conflict of interest or resulting misconduct in this case by the district attorney or any prosecutor on his staff, and we will not presume or find the appearance of such conflict solely because an investigator who works for the district attorney has a close personal relationship with the victim. [color=#990000][/color] Moreover, to insure that no conflict of interest or the appearance of one might develop, the district attorney took the prudent step of ordering the investigator to take no part in the investigation or prosecution of the case. The trial court did not abuse its discretion by denying the disqualification motion.
https://law.justia.com/cases/georgia/court-of-appeals/2002/a01a1628-0.html

benalvino3:
You and yourself ijebos can chat about this. I am at this time busy. Cheerio 🤣

Ijebos:
I assumed you wrote this because you intended to discuss it, as that is generally the purpose of posting on a forum.
It appears you may have had other intentions.
Cheerio.

raumdeuter:
Shame shame

These are the folks Democrats are carrying torches for

The same people who are throwing parties when they heard Americans were killed

Whose idea of a picnic is to burn American flags

DaHighLife:
The judge should have denied the motion based on all this precedent and then allowed Willis to remove Wade herself, as she likely would have.

benalvino3:
Budaatum why will the voter ID rule stop sadiq from getting re-elected? Is he admitting his voters don't have a passport?

benalvino3:
Since May 2023, voters have had to show an accepted form of photo ID at polling stations before they receive a ballot paper.
This is Enlgland. Notice how budaatum has been quiet? We know he does not like election integrity because he has always cried about voter ID in the US.

budaatum:
See your "accepted form of photo ID". If America accepted these you'd likely say they are rubbish.

raumdeuter:
How is it different from the acceptable ID that Democrats claimed is racist and rejected

budaatum:
Buda moving the goalpost
From his statement, I am safe to assume illegitimate voters got him elected.

benalvino3:
.

benalvino3:
Buda moving the goal post
From his statement I am safe to assume illetimate voters got him elected.

DaHighLife:
I believe the judge was mistaken. He sought a predetermined conclusion and manipulated the law to achieve it. What's more troubling to me is the fact that he had the ruling finalized last week but delayed its announcement for a week due to security concerns from death threats. This a familiar pattern, particularly in matters associated with Trump and his associates.
.

budaatum:
Wouldn't be the first or last time you make an ass of yourself.

budaatum:
It was the perceived motive for introducing ID that the Democrats objected to if you can bother to be honest.

raumdeuter:
What was the motive for ID introduced in the UK?

What could be the motive for requesting ID at any place they currently do

raumdeuter:
What was the motive for ID introduced in UK?

raumdeuter:
What could be the motive for requesting ID at any place they currently do

benalvino3:
These people just hate common sense. You would think everyone in the UK voting should have a passport. Why is Khan worried he will lose reelection because of this?

budaatum:
Same outcome, right? And the right action I bet you'd agree, to avoid the "perception of impropriety" that some might have.

Fanni fuqed up, is my opinion. And her fuq up is going to let dump walk, sadly. But we'll see.

budaatum:
Why should everyone in UK have passport?

benalvino3:
I said everyone voting. So adjust your question.

raumdeuter:
How is it different from the acceptable ID that Democrats claimed is racist and rejected

budaatum:
Lewisham election for Mayor was held early in the month and buda voted without a passport or any ID.

IjeBos:
You have this view that if people just meet all Magas disingenuous complaints they'll stop complaining..

benalvino3:
I see. Let's see what will happen. If the new rules will be implemented.
Have you been to Speakers Corner? I'd say you will like that place but it is not safe. I was there once and arguments can get intense.

IjeBos:
Justice should be blind.

budaatum:
To eliminate the 6 voter frauds that they claim would have been prevented.


Depends on the place.

benalvino3:
These people just hate common sense. You would think everyone in the UK voting should have a passport. Why is Khan worried he will lose reelection because of this?

budaatum:
Nothing happened. Or rather, Labour won as expected.

Speakers Corner is as safe as anywhere you stand in UK to say what the masses dislike. Thankfully, we have proactive police.

IjeBos:
Is it easier to make these broad generalizations than dealing in fact?
The Dems introduced a voting rights package that allowed for ID as long as those places that required it expanded what ID's could be used.

https://www.npr.org/2022/01/18/1073021462/senate-voting-rights-freedom-to-vote-john-lewis-voting-rights-advancement-act