P. v. Rucker
Darrell Rucker appeals his convictions of murder and personal use of a firearm. Before this court, defendant argues his convictions cannot stand because the trial court committed a number of errors: (1) in adjudicating his pre-trial request for counsel and in denying his request for counsel on the first day of trial; (2) in excluding certain lay testimony concerning Youngbloods gang affiliation; (3) in engaging in misconduct during the trial when the court made comments to the jury and allowed extended argument in front of the jury concerning the manner in which defendant had conducted his defense pre-trial; (4) in allowing the prosecutor to use improper evidence to impeach defendant during his cross-examination, and in directing defendant to produce a document to the prosecutor; (5) in improperly using defendants juvenile prior as a strike; and (6) in failing to exercise its discretion in ordering the restitution fine it imposed. Defendant also argues the prosecutor engaged in misconduct, which violated defendants rights to compulsory process when the prosecutor failed to assist defendant in subpoenaing a defense witness. As we discuss, the extended colloquy in the jurys presence, coupled with the courts comments on defendants actions and tactics, prevented a fair trial. Court reverse.
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