Posted On: February 24, 2009 by Mary Frances Prevost

JUDGE CAN ONLY GO SO FAR WHEN QUESTIONING WITNESSES

HERE'S AN OLDIE, BUT A GOODIE.

The trial court extensively cross-examined defense witnesses, repeatedly disparaged defense witnesses, and belabored points of evidence adverse to the defense. This was intervening by the court as an adversary to such an extent that it violated the rule that the trial court cannot align itself with the prosecutor.

People v. Santana (2000) 80 Cal.App.4th 1194
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