-17- assuring its proper conduct”, Logue v. Dore, 103 F.3d 1040, 1045 (1st Cir. 1997); see also Geders v. United States, 425 U.S. 80, 86-87 (1976); United States v. Scholl, 166 F.3d 964, 977 (9th Cir. 1999), and may both question witnesses and comment upon the evidence, Quercia v. United States, 289 U.S. 466, 469 (1933); United States v. Paiva, 892 F.2d 148, 159 (1st Cir. 1989); United States v. Laurins, 857 F.2d 529, 537 (9th Cir. 1988). See generally Fed. R. Evid. 614(b). Of course, a judge’s participation must be tailored so as not to advocate or otherwise to advantage or disadvantage a party unfairly. See Quercia v. United States, supra at 470; United States v. Paiva, supra at 159; see also Notes of the Advisory Committee on Fed. R. Evid. 614(b), 28 U.S.C. App. 891 (2000). It is permissible for a judge to instruct a witness not to discuss his or her testimony with third parties until the end of the testimony. Perry v. Leeke, 488 U.S. 272, 281, 282 (1989) (“when a defendant becomes a witness, he has no constitutional right to consult with his lawyer while he is testifying”). Following our careful review of the record, we reject petitioner’s claim that the Court’s conduct of the trial violated its constitutional rights. The Court’s questioning of witnesses was narrowly tailored to clarify their vague and confusing answers so as to further our decisionmaking process. The Court properly instructed Ms. Odell not to discuss her testimony withPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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