Trial court judge’s ex parte communication with a prosecutor demonstrated sufficient “probability of actual judicial bias” to constitute structural error. After the defendant testified, the prosecutor indicated she would not present rebuttal but did not officially rest; the judge then contacted another prosecutor to encourage calling a specific rebuttal witness. This attempt “to assist the prosecution in obtaining a conviction” justifies reversal without regard to prejudice.

The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/B335084.PDF