What is a judge's duty to control all proceedings during a trial?

California, United States of America


The following excerpt is from People v. AREVALO, E050247, No. RIF145173 (Cal. App. 2011):

"As provided by section 1044, it is 'the duty of the 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, with a view to the expeditious and effective ascertainment of the truth regarding the matters involved.' However, 'a judge should be careful not to throw the weight of his judicial position into a case, either for or against the defendant.' [Citation.]" (People v. Strum (2006) 37 Cal.4th 1218, 1237) "A trial court may comment on the evidence [citation], but such comments 'must be accurate, temperate, nonargumentative, and scrupulously fair.' [Citation.]" (Id. at p. 1232) "'Our role . . . 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, we must determine

Page 18

whether the judge's behavior was so prejudicial that it denied [the defendant] a fair, as opposed to a perfect, trial.' [Citation.]" (People v. Snow (2003) 30 Cal.4th 43, 78.)

Other Questions


What is the test for a trial judge to proceed with the trial of a defendant under section 1368 of the California Mental Health Act if the trial judge receives the reports of two psychiatrists? (California, United States of America)
Can a trial judge that commences a jury trial be prevented from proceeding until the trial is over? (California, United States of America)
What is the duty of a judge to control all proceedings during a trial? (California, United States of America)
Is there any case law where a judge has found that a trial judge made a "minor error" in making decisions in a trial? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
What authority does a trial judge have to exercise to control the order of proceedings? (California, United States of America)
What is a judge's duty to control all proceedings at trial? (California, United States of America)
What is the duty of the judge to control all proceedings during the trial? (California, United States of America)
What is the duty of a judge to control all proceedings during a trial? (California, United States of America)
How has the trial judge considered the fact that a judge personally viewed the properties at the inception of the trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.