Questão jurídica principal
Whether the judge had to be recused for allegedly formulating a new indictment and then later judging the case.
Decisão extraída
No. The judge merely drew attention during the hearing to facts already stated by the defendant; the new indictment was issued by the prosecutor, and this did not create an objective appearance of bias.
Fundamentação extraída
The cantonal court's factual findings showed that the judge did not draft the accusation. Under the applicable recusal standards, procedural acts taken in the ordinary course, without comments on the merits or anticipatory judgment, do not by themselves establish bias.