Charlotte's Office Boutique, Inc. - Page 17

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          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 with             






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