In what circumstances will the jury not take the questioning of witnesses as an indication of a position taken by the court for either side?

California, United States of America


The following excerpt is from People v. Gutierrez, A150976 (Cal. App. 2019):

In conclusion, we note that the trial court instructed the jurors before opening statements, after closing arguments, and in the written jury instructions not to take the court's questioning of witnesses, or any other actions by the court, as any sort of indication of a position taken by the court for either side. (People v. Cook (2006) 39 Cal.4th 566, 598 ["instruction reminded the jury of the trial judge's role as an impartial presiding officer whose occasional questions to witnesses were designed to clarify the evidence without favoring either side. [Citation]").]

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