I know this sounds like a stupid question, but does anyone know of an opinion (either by a court or an AG opinion) which stands for the proposition that just because the person who investigated the offense in question was and still is an investigator in the DA's office who is prosecuting the case does not mean that the defense can recuse the entire DA's office from prosecuting the case?

I know that this might not be worded in the best way, but if anyone has any help on this issue, I would greatly appreciate it.

A TDCAA publication on Prosecutorial Ethics by Tarrant County Asst. CDA Chip Wilkinson will have the answer. A copy of this publication was sent to every prosecutor's office.

Page 122-155.

I don't have enough information to narrow your search down, but you'll find lots of citations and footnotes in the text that should help you out.

Does anyone else find the proposition somewhat ridiculous that the DA's office would be barred from prosecuting a case because they investigated it? Can we get defense lawyers kicked off their cases because they investigate the case? That would be cool, because then only the incompetent lawyers who don't do anything but read the police reports would be allowed to try cases.

http://www.cca.courts.state.tx.us/OPINIONS/HTMLOPINIONINFO.ASP?OPINIONID=15933

In re State ex rel. Young

maybe this case will help. It was summarized in the 9/28 TDCAA weekly email summaries.