Defendant gets new trial at Federal appeals level after judge told him to "shut up."

A federal judge who criticized a defense lawyer’s questioning as “flimflam” and told him to shut up created the appearance of bias during a jury trial, a federal appeals court has ruled.


U.S. District Judge John O’Meara, criticized a defense lawyer’s questioning as “flimflam” and told him to shut up created the appearance of bias during a jury trial, a federal appeals court has ruled.
The Cincinnati-based 6th U.S. Circuit Court of Appeals granted a new trial to the defendant, saying the trial judge “belittled” the defense lawyer, the National Law Journal (sub. req.) reports. The judge also erred when he answered a juror’s question about reasonable doubt with an improvised instruction, the court said.

The story identifies the judge as U.S. District Judge John O’Meara of Ann Arbor, Michigan.
The judge made several “sua sponte” statements in front of jurors criticizing lawyer Marvin Barnett, who was defending Reginald Daniels on gun crimes charges, the appeals court said in the June 8 unpublished opinion (PDF). The appeals court cited several instances:

• During closing arguments, O’Meara ordered Barnett to “shut up.” O’Meara also criticized the defense theory that police have reason to lie as “over the top … mendacity.” ( . . . )

Article here (via aba journal).