As demonstrated in United States v. Mickens, for the appellate courts to review a case, in any evaluation of the fairness of a trial, what must be considered in any comments viewed in the context they were made?

Lawyer’s notes

Length of time

Trial record

Cost of litigation

In any evaluation of the fairness of a trial, the comments viewed in the context they were made must consider the trial record. The trial record includes all the evidence, testimonies, and arguments presented during the trial. It provides a comprehensive view of the proceedings and helps the appellate courts understand the context in which any comments were made and their potential impact on the fairness of the trial. The lawyer's notes, length of time, and cost of litigation may be factors that could be considered in certain aspects of the case, but they are not directly related to evaluating the fairness of the trial itself.