Is a judge's comment on the evidence that the defense argued that the evidence presented before the jury was "objectionable to the prosecution" sufficient to constitute misconduct?
California, United States of America
The following excerpt is from People v. Monterroso, 101 P.3d 956, 22 Cal.Rptr.3d 1, 34 Cal.4th 743 (Cal. 2004):
"[I]t is settled that the court need not confine itself to neutral, bland, and
[22 Cal.Rptr.3d 36]
colorless summaries, but may focus critically on particular evidence, expressing views about its persuasiveness." (People v. Rodriguez, supra, 42 Cal.3d 730, 768, 230 Cal.Rptr. 667, 726 P.2d 113.) Whether viewed singly or collectively, the judge's comments in this case did not constitute misconduct. They did not discredit the defense theory, materially distort the record, withdraw material evidence from the jury's consideration, expressly or impliedly direct a verdict, or create an impression that the court had allied itself with the prosecution.[22 Cal.Rptr.3d 36]
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