What is the role of a reviewing court in determining bias in the presentation of evidence?

California, United States of America


The following excerpt is from People v. Sandoval, B271087 (Cal. App. 2017):

The " 'trial court has both the duty and the discretion to control the conduct of the trial' [citation] 'the Due Process Clause clearly requires a "fair trial in a fair tribunal," [citation], before a judge with no actual bias against the defendant or interest in the outcome of his particular case. [Citations.]' [Citation.] The 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, we must determine whether the judge's behavior was so prejudicial that it denied [the defendant] a fair, as opposed to a perfect, trial. [Citation.]' [Citation.] In deciding whether a trial court has manifested bias in the presentation of evidence, we have said that such a violation occurs only where the judge ' "officiously and unnecessarily usurp[ed] the duties of the prosecutor . . . and in so doing create[d] the impression that he [was] allying himself with

Page 9

the prosecution." ' [Citation.]" (People v. Harris (2005) 37 Cal.4th 310, 346-347 (Harris).)

Other Questions


Does a quasi-judicial review of the evidence presented to the trial court to determine whether any triable issues of fact were presented? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, does the appellate court have power to substitute its factual determination for that factual determination? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, does the appellate court have power to substitute its deductions for those of the trial court? (California, United States of America)
When reviewing for the sufficiency of evidence to support a conviction, how does the court review the evidence? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
On appeal, can the court conduct an independent review of the transcript of the in camera hearing and the records reviewed by the trial court to determine whether any records were improperly withheld? (California, United States of America)
How does the Court of Appeal review a trial court's ruling to admit evidence over defendant's objection based on evidence section 352? (California, United States of America)
In reviewing the sufficiency of evidence to support the conviction, how does the court review the evidence? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
In reviewing a lower court's ruling for abuse of power, does the court review the evidence or evaluate the credibility of witnesses? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.