California, United States of America
The following excerpt is from People v. Lamonte, E062102 (Cal. App. 2017):
None of these comments were unfair or showed a judicial bias against defendant. All of the comments were fairly made in response to defendant's remarks to the court, and were directed at controlling the proceedings and getting defendant to articulate an offer of proof to support his defense. Section 1044 requires the trial judge "'to control all proceedings during the trial, and to limit the introduction of evidence and the argument of counsel to relevant and material matters.'" (See People v. Sturm, supra, 37 Cal.4th at p. 1237.) Moreover, all of these comments were made outside the presence of the jury. Though a trial judge's "behavior outside the jury's presence may provide context for his behavior in the jury's presence," as we next explain, "defendant offers no compelling examples of prejudicial behavior in front of the jury." (People v. Peoples, supra, 62 Cal.4th at p. 790.)
2. Comments Before the Jury
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