“The skin of a living thought”

May 31, 2012

  • 110 Criminal Law
  • 110XX Trial
  • 110XX(B) Course and Conduct of Trial in General
  • 110k654 Remarks and Conduct of Judge
  • 110k655 In General
  • 110k655(1) k. In General.

110 Criminal LawIn evaluating whether a judge’s comments cross into the realm of impermissible opinion, a totality of the circumstances test is utilized, because a word is not a crystal, transparent and unchanged; it is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in which it is used.
State v. Herrin, 711 S.E.2d 802 (N.C. Ct. App. 2011)