When a trial court makes disparaging or disparaging remarks to the defense counsel or witnesses, is it necessary for a new trial?

California, United States of America


The following excerpt is from People v. Peoples, 198 Cal.Rptr.3d 365, 365 P.3d 230, 62 Cal.4th 718 (Cal. 2016):

discredit the defense or create the impression that it is allying itself with the prosecution. [Citations.] Jurors rely with great confidence on the fairness of judges, and upon the correctness of their views expressed during trials. [Citation.] When the trial court persists in making discourteous and disparaging remarks to a defendant's counsel and witnesses and utters frequent comment from which the jury may plainly perceive that the testimony of the witnesses is not believed by the judge ... it has transcended so far beyond the pale of judicial fairness as to render a new trial necessary. " (People v. Sturm (2006) 37 Cal.4th 1218, 1233, 39 Cal.Rptr.3d 799, 129 P.3d 10.)

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