Court Of Appeals Holds Judge’s Strategic Coaching Outside Jury’s Presence Can Pierce Impartiality But Still Not Be Plain Error

The COA held that a judge can pierce the veil of impartiality outside of the presence of a jury, and the judge did so here by suggesting questions that the prosecutor could ask on cross-examination, which amounted to the judge engaging in litigation strategy. However, this conduct did not amount to plain error affecting defendant’s substantial rights. The COA, thus, affirmed the conviction and sentence.