Bihn v. United States

1 Citing brief

  1. PEOPLE v. POTTS

    Appellant’s Opening Brief

    Filed April 30, 2009

    67 B. Extraordinary Judicial Emphasis on Countering a Bias That Could Hurt the Prosecution Introduced the Opposite Bias into the Proceedings The Due Process Clauses prohibit a judicial tilt towards the prosecution in criminal proceedings. (U.S. Const., 14th Amend.; Cal. Const., art. I, §§ 7, 15; Marshall v. Jerrico, Inc., supra, 446 U.S. 238, 242; People v. Moore (1954) 43 Cal.2d 517, 526; People v. Mahoney (1927) 201 Cal. 618, 627; see also Quercia v. United States (1933) 289 U.S. 466, 470; Cool v. United States (1972) 109 U.S. 100, 103, fn. 4; Bihn v. United States (1946) 328 U.S. 633, 637; People v. Brown (1993) 6 Cal.4th 322, 332.) Here, the trial court interrupted its rote reading of brief pattern pre- instructions with an extensive and obviously personally-prepared commentary on the validity of a circumstantial case, i.e., the kind about to be presented by the prosecution.