The following excerpt is from U.S. v. Baker, 63 F.3d 1478 (9th Cir. 1995):
Comments by a trial court about the potential for appeal are inappropriate, but "reversal does not follow automatically merely because a trial judge succumbs to a bad idea." United States v. Arcadipane, 41 F.3d 1, 9 (1st Cir.1994). See also United States v. Greenberg, 445 F.2d at 1162 (holding that, while "[i]t might have been better procedure not to have told the jury that if they convicted upon an erroneous charge they did 'not have to worry' because [an appellate] court would reverse if there were error," reversal was not warranted on this basis). Rather, challenges to such comments are treated like all other challenges to a jury charge: "the court of appeals must examine the charge as a whole to determine if the judge balanced the instructions, correctly informed the jurors of the governing law, imbued the jurors with an appropriate sense of responsibility, and avoided undue prejudice." United States v. Arcadipane, 41 F.3d at 8.
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