State v. Anderson

In State v. Anderson, 287 Ga. 159 (695 SE2d 26) (2010), the Supreme Court upheld this Court's determination that a violation of OCGA 17-8-57 had occurred. In Anderson, the State completed examining a witness, and the trial court asked whether "we established venue with this one?" The judge then elicited testimony stating that the store at issue was in the proper county. The judge went on to explain, "I know we had some confusion because she had worked at one store and she's now working in another one. I just wanted to make sure." Id. at 160 (1). The Supreme Court found that the trial judge had stepped over the line, stating that the trial court's comments went beyond those in Gardner, ultimately resulting in an expression of opinion. Although a trial judge has the discretion to propound questions to a witness in order to clarify testimony, the comment "I just wanted to make sure" following the trial court's questioning of the witness constituted an expression of opinion that venue had in fact been proven. Id. at 160-161 (1).