United States v. Joseph Pritchard

MEMORANDUM

Joseph Granson Pritchard and Ronnie Joseph Johnson appeal their convictions for conspiracy to commit bank robbery ( 18 U.S.C. § 371 ), armed bank robbery ( 18 U.S.C. § 2113 (a); (d)), and using a firearm during a crime of violence ( 18 U.S.C. § 924 (c)). We reverse. Because the parties are familiar with the factual and procedural history of the case, we need not recount it here.

Appellants contend that the trial judge interfered with the trial so extensively as to render it unfair. After a thorough review of the record, we agree. Accordingly, we reverse and remand this case for a new trial before a different judge.

While a district court judge has considerable discretion in the management of his courtroom, the judge “must be ever mindful of the sensitive role [he] plays in a jury trial and avoid even the appearance of advocacy or partiality.” United States v. Harris, 501 F.2d 1, 10 (9th Cir.1974). A trial court’s participation in the proceedings warrants reversal “if the record ... leaves the reviewing court with an abiding impression that the judge’s remarks and questioning of witnesses projected to the jury an appearance of advocacy or partiality.” United States v.…