The following excerpt is from United States v. Kahre, No. 09-10471, No. 09-10528, No. 09-10529 (9th Cir. 2013):
misconduct had a prejudicial effect on the trial." United States v. Scott, 642 F.3d 791, 799 (9th Cir. 2011) (citation and internal quotation marks omitted). "Before a jury's verdict will be overturned because of the conduct of a trial judge in rebuking or punishing an attorney or otherwise intervening in the proceedings, it must appear that the conduct measured by the facts of the case presented together with the result of the trial, was clearly prejudicial to the rights of the party." Id. (citation omitted). "The assessment is to be made, moreover, in light of the evidence of guilt." Id. (citation omitted).
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