United States v. Baker

OPINION OF THE COURT

HODGSON, Senior Judge:

This was a bench trial, and after the court was closed for deliberation on findings, the trial judge discovered the word “rental” on a ski that was the subject of the larceny allegation.1 Concerned by his discovery, he contacted another judge about what to do. As a result of this discussion, he reopened the court, informed counsel for both sides that he had spoken with a fellow judge, and proposed pursuing the matter further. There was no objection by either party.

Appellate defense counsel question “the propriety of [a] judge’s communications with an…