The following excerpt is from Dillon v. United States, 307 F.2d 445 (9th Cir. 1962):
In the course of the hearing below, appellant called the sentencing judge who also presided at the hearing on the instant motion as a witness. The calling of the judge who sentenced appellant and who was presiding over the hearing on appellant's motion was, contends appellant, proper; citing Davis v. United States, 8 Cir. 1954, 210 F.2d 118, as authority. It is not in point; and does not so hold. But, urges appellant, it was error for the judge, once called (and to whom appellant contends he addressed a proper question2 which required an answer) to perform the dual function of witness and judge, as he was when he sustained appellee's objection to the question addressed to him by appellant.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.