Can a defendant bring a claim of judicial bias against the judge on an appeal?

California, United States of America


The following excerpt is from People v. Coakley, B231522 (Cal. App. 2012):

'"A fair trial in a fair tribunal is a basic requirement of due process,'" and '"the Due Process Clause guarantees a criminal defendant the right to a fair and impartial judge.'" (People v. Freeman (2010) 47 Cal.4th 993, 1000.) Judicial bias must be raised at the "'"earliest practicable opportunity""' and cannot be raised for the first time on appeal. (People v. Guerra (2006) 37 Cal.4th 1067, 1111, disapproved on another point in People v. Rundle (2008) 43 Cal.4th 76, 151.) "[D]efendant's willingness to let the entire trial pass without [a] charge of bias against the judge not only forfeits his claims on

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appeal but also strongly suggests they are without merit. [Citation.]" (People v. Guerra, supra, at p. 1112.)

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