People v. Grayson CA3

DISCUSSION

I Defendant Cannot Demonstrate Entitlement To Relief Based On Judicial Misconduct Defendant argues that, through the trial court’s “repeated interruptions and remarks, the court portrayed to the jury a clear bias against the defense, and an overall tenor that neither this [defendant] nor his defense was credible. The judicial misconduct cost [defendant] his constitutional rights to a fair trial and due process under the Fifth, Sixth and Fourteenth Amendments, and a reversal is now required.” Predicting the People’s argument for forfeiture, defendant contends his claim is not forfeited because any objection would have been futile. Alternatively, defendant asserts he suffered ineffective assistance of counsel. We conclude defendant has forfeited this claim and cannot demonstrate his counsel was ineffective. A Additional Background The trial court made several objections and comments throughout trial. During Officer Handley’s testimony, defense counsel asked what physical manifestations a methamphetamine user would have if he stopped using for a few months. The trial court twice sustained its own objections to this line of questioning based on a lack of foundation.…