What is the test for determining whether a judge's comments were prejudicial to a defendant at trial?

California, United States of America


The following excerpt is from People v. McGee, G050402 (Cal. App. 2015):

"'"[O]ur 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 whether the judge's behavior was so prejudicial that it denied [the defendant] a fair, as opposed to a perfect, trial."' [Citation.] We make that determination on a case-by-case basis, examining the context of the court's comments and the circumstances under which they occurred. [Citation.] Thus, the propriety and prejudicial effect of a particular comment are judged by both its content and the circumstances surrounding it. [Citation.]" (People v. Abel (2012) 53 Cal.4th 891, 914.)

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)
What are the findings of the Court of Appeal in determining whether a defendant received a fair trial due to a series of trial errors? (California, United States of America)
What is the test for determining whether a defendant's first reaction to security measures at trial is prejudicial? (California, United States of America)
What is the test for determining whether a defendant has cumulative prejudicial effect on the outcome of a trial? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the test for determining whether a defendant's mental impairment is an impairment when determining whether he acted in imperfect or complete self-defense? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
Does the trial judge have the authority to determine whether a defendant is competent to represent himself? (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 is the test for determining whether a defendant's age, education, physical condition, and mental health are factors used in determining whether they should be charged with assault? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.