This question was about Samuels' testimony and his opinion about premeditation vs. "crime of passion" and whether such testimony, if allowed, could lead to a lesser charge like manslaughter or 2nd degree murder.
First of all, I don't think the testimony would be allowed, but I believe there will likely be jury instructions on a lesser included charge. The judge has to give jury instructions on any lesser included offenses that are supported at all by the evidence, if either side requests the instruction.
I think there will be a manslaughter instruction because of Jodi's testimony that she didn't mean to shoot him even though she pointed a gun at him to "stop him." I have not really heard any testimony from her that fits second degree murder, so we'll see what else comes in and what the attorneys argue in their charging conference. I do not think Samuels' testimony will impact whether or not a lesser included charge is given as a jury instruction though.
JM filed a motion last November against another female Superior Court judge who refused/blocked him from making a case a death row one. I thought district attorneys made that decision, not judges. No one can accuse Juan of lacking chutzpah.