New trial ordered where Judge conducted questioning of defense expert
State v. O’Brien __ NJ __ (A-89-08) 12-29-09
Defendant was entitled to face a single adversary, the State. He should not have had to bear the consequences of a judge who appeared to disbelieve him and his expert witness, revealed that disbelief to the jury, and supported a witness adverse to him. Because that conduct was clearly capable of producing an unjust result, a new trial is in order.
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