California, United States of America
The following excerpt is from People v. Proctor, 15 Cal.Rptr.2d 340, 4 Cal.4th 499, 842 P.2d 1100 (Cal. 1992):
In generally summarizing the permissible contours of constitutionally authorized judicial comment, we observed in People v. Rodriguez, supra, 42 Cal.3d 730, 230 Cal.Rptr. 667, 726 P.2d 113, that "the decisions admonish that judicial comment on the evidence must be accurate, temperate, nonargumentative, and scrupulously fair. The trial court may not, in the guise of privileged comment, withdraw material evidence from the jury's consideration, distort the record, expressly or impliedly direct a verdict, or otherwise usurp the jury's ultimate factfinding power. [Citations.]" (Id., at p. 766, 230 Cal.Rptr. 667, 726 P.2d 113; People v. Gates (1987) 43 Cal.3d 1168, 1207, 240 Cal.Rptr. 666, 743 P.2d 301.)
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