of Relationship with Accused, 31 A.L.R.3d 953 (1970). A Commonwealth’s attorney’s duties include the impartial prosecution of those accused of crime and the duty to see that an accused is accorded a fair trial. See Commonwealth v. Kilgore, 15 Va.App. 684, 693, 426 S.E.2d 837, 842 (1993); Cantrell v. Commonwealth, 229 Va. 387, 393, 329 S.E.2d 22, 26 (1985). Criminal defendants are afforded constitutional protection against prosecutors who are partial to interests beyond their official duties. The due process rights of a criminal defendant under both the Virginia and United States Constitutions are violated when the defendant is prosecuted by a Commonwealth’s attorney who has a conflict of interest relevant to the defendant’s case. See Cantrell, 229 Va. at 394, 329 S.E.2d at 26-27 (<HOLDING>); Ganger v. Peyton, 379 F.2d 709, 714 (4th
holding that entitlement to benefits is a property interest protected by the due process clause of the fifth amendment to the united states constitution holding a judgment in the absence of notice violates due process rights holding that a conflict of interest on the part of the prosecution violates the due process clause of the virginia constitution recognizing that plaintiff can bring action under due process clause of state constitution holding that lack of notice of charges in disciplinary proceedings violates the due process clause