California, United States of America
The following excerpt is from People v. Brown, B247767 (Cal. App. 2014):
While it is crucial for trial judges to control the proceedings and evidence, it is likewise imperative for them to do so in a neutral manner, giving no hint as to the judge's state of mind about the believability of any witness or the conclusions the jury should draw from the evidence. (See People v. Carlucci, supra, 23 Cal.3d at p. 258 [even at an infraction hearing where there is no prosecuting attorney or jury, the trial court "must not undertake the role of either prosecutor or defense counsel"].) Where that neutrality is
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lost, the defendant faces two prosecutors and loses a judge. Because that happened here, we reverse the judgment.10
The judgment is reversed.
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