People v. Wiggins

(Corrected; supplemental opinion upon denial of rehearing 11/3/15.) Defendant was convicted, after jury trial, of attempted murder. Judge improperly abandoned his role as neutral arbiter and his actions prejudiced the defense. Judge interposed objections on behalf of State, asked questions of victim designed to impeach victim's testimony, and made remarks indicating a preference for the State. Court abused its discretion when it permitted prosecution to read to jury the entirety of written statement of a witness, as witness signed statement after he had a motive to fabricate, as he had by then been identified as the shooter and was a prior consistent statement. (SIMON, concurring; LIU, dissenting.)