California, United States of America
The following excerpt is from People v. Raviart, 112 Cal.Rptr.2d 850, 93 Cal.App.4th 258 (Cal. App. 2001):
"It is settled that a judge's examination of a witness may not be assigned as error on appeal where no objection was made when the questioning occurred." (People v. Corrigan (1957) 48 Cal.2d 551, 556, 310 P.2d 953.) Here, despite his contention that the trial court "consistently displayed a bias in favor of the prosecution." defendant never objected to the trial court's participation in the examination of witnesses. Accordingly, defendant has waived any claim of error.
In any event, there is no merit in defendant's claim of error. "A court may control the mode of questioning of a witness and comment on the evidence and credibility of witnesses as necessary for the proper determination of the case. [Citations.] Within reasonable limits, the court has a duty to see that justice is done and to bring out facts relevant to the jury's determination. [Citation.] A court commits misconduct if it persistently makes discourteous and disparaging remarks so as to discredit the defense or create the impression it is allying itself with the prosecution." (People v. Santana (2000) 80 Cal.App.4th 1194, 1206-1207, 96 Cal. Rptr.2d 158.)
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