United States v. Kimble

Although I concur generally with the result reached in this case, I reluctantly must disassociate myself from some of the views herein expressed by my brethren. Although well aware that judges too are only human, I do not believe that a judge’s intentional use of sarcasm or manifest skepticism, as apparently here employed by the trial judge when questioning this appellant, is ever justified or excusable.

The law is, of course, well-settled that a trial judge may properly ask questions of any witness, including an accused, in order to clear up uncertainties or develop facts for the better…