Does the Court of Appeal have jurisdiction to determine judicial bias on appeal?

California, United States of America


The following excerpt is from People v. Britton, A139191 (Cal. App. 2015):

However, when judicial bias is raised as an issue on appeal, "[t]he 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, [the reviewing court] must determine whether the judge's behavior was so prejudicial that it denied [the defendant] a fair, as opposed to a perfect, trial.' " (People v. Harris, supra, 37 Cal.4th at p. 347.)

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