Can a judge's participation in a trial result in a new trial?

MultiRegion, United States of America

The following excerpt is from Krechman v. Cnty. of Riverside, 723 F.3d 1104 (9th Cir. 2013):

A judge's participation justifies a new trial ... if the record shows actual bias or leaves an abiding impression that the jury perceived an appearance of advocacy or partiality. United States v. Laurins, 857 F.2d 529, 537 (9th Cir.1988). Here, the district judge conducted the trial in a way that could evidence that he was biased in favor of the defendant police officers, and could have given the jury the impression that he lacked impartiality.

Other Questions


Does the trial judge have the right to ask if he or she would like to be moved to another judge during the trial? (MultiRegion, United States of America)
What is the difference between a trial judge and a jury in a case where the trial judge declined even to examine the documents after reviewing the documents? (MultiRegion, United States of America)
Is a motion for a continuance granted by the trial court on the date of trial on the basis that the trial judge abused his discretion to grant the motion? (MultiRegion, United States of America)
In reviewing whether a state trial judge should have sua sponte conducted a competency hearing, can a federal court consider only the evidence that was before the trial judge? (MultiRegion, United States of America)
Does the trial judge erred in denying a post-trial motion for a new trial based upon alleged violations of sequestration order by members of the jury or marshals assigned to supervise the jury? (MultiRegion, United States of America)
Is a trial judge bound to refrain from participating in the proceedings as to prevent prejudice to the defense? (MultiRegion, United States of America)
What is the test for determining whether a trial judge's conduct deprived a defendant of a fair trial? (MultiRegion, United States of America)
When will a trial judge override a motion to dismiss a motion that would have allowed evidence of sexual assault to be used in the trial? (MultiRegion, United States of America)
When will a trial judge have an advantage over an appellate judge when it comes to assessing the credibility of witnesses? (Canada (Federal), Canada)
Does the scheduling of a personal injury trial by a federal judge exceed its "great deal of latitude" in scheduling trials? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.