What is the test for a judge to interfere with a defendant's right to a fair trial?

California, United States of America


The following excerpt is from Reid v. Superior Court, 55 Cal.App.4th 1326, 64 Cal.Rptr.2d 714 (Cal. App. 1997):

"The right of a criminal defendant to present a defense and witnesses on his or her behalf is a fundamental element of due process guaranteed under the Fourteenth Amendment to the United States Constitution [citation]" (People v. Schroeder (1991) 227 Cal.App.3d 784, 787, 278 Cal.Rptr. 237), and a judge, as well as a prosecutor, can improperly interfere with an accused's right to a fair trial. (Id. at p. 788, 278 Cal.Rptr. 237.)

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