Can a judge be found to have made inappropriate or prejudicial remarks at trial?

California, United States of America


The following excerpt is from People v. Lundquist, H046277 (Cal. App. 2019):

Even if misconduct occurred in any of the identified remarks, we cannot conclude that they were prejudicial, individually or cumulatively. The role of a reviewing court " 'is not to determine whether the trial judge's conduct left something to be desired, or even whether some comments would have been better left unsaid. Rather, we must determine whether the judge's behavior was so prejudicial that it denied [the defendant] a fair, as opposed to a perfect, trial.' [Citation.]" (People v. Snow (2003) 30 Cal.4th 43, 78.) Here, even if the trial judge in those isolated moments displayed inordinate impatience, we see no indication that he thereby created the impression that he was

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