What is the test for misconduct in a trial where a judge makes disparaging remarks to a defence witness?

California, United States of America


The following excerpt is from People v. Jackson, A139183 (Cal. App. 2017):

"A court commits misconduct if it persistently makes discourteous and disparaging remarks so as to discredit the defense or create the impression it is allying itself with the prosecution. [Citations.]" (People v. Santana (2000) 80 Cal.App.4th 1194, 1206-1207.) "The mere fact that a judge examines a witness at some length does not establish misconduct . . . ." (People v. Pierce (1970) 11 Cal.App.3d 313, 321.) "[I]t is not merely the right but the duty of the trial judge to see that the evidence is fully developed before the trier of fact and to assure that ambiguities and conflicts in the

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