Webthe court found that the reference made by the trial judge in open court concerning the appellant's negative credibility raised a reasonable apprehension of. The tech giant is. Webin its decision in bailey v. Webthe affected justice nicely summarized the test for an appearance of bias quoting from a previous case as follows: Bias as applied to a person or tribunal… is a. Webthough the sixth amendment guarantees the right to a fair and impartial trial, multiple studies have demonstrated the biasing impact of pretrial publicity on juror.