In reaching this conclusion, the court ruled that a judge’s conduct violates the defendant’s constitutional right to a fair trial when, in light of all of the circumstances of trial, it is likely that the judge’s conduct created the appearance of advocacy for or partiality against a party. The defendant was convicted by a jury of second-degree murder, MCL 750.317, and second-degree child abuse, MCL 750.136b(3). The prosecution argued that the defendant’s infant son died after the defendant shook the baby or slammed the child against an object.

Board member Pauley wrote the panel’s opinion. This case involves an LPR who was convicted of Michigan’s second-degree murder offense, Mich. Comp. Law § 750.317. According to the BIA, “[t]he offense appears to have resulted from an early morning traffic incident in which the respondent rear-ended a car, killing the occupants on impact.”