Does the court have any authority or authority to consider all, part, or none of the testimony of a witness?

California, United States of America


The following excerpt is from People v. Duarte, D065463 (Cal. App. 2014):

However, California law is to the contrary: "The jury is the ultimate judge of credibility. The jury may find a witness is credible in some respects and not in others; it may believe parts of a witness's testimony without believing all of it." (People v. Vu (2006) 143 Cal.App.4th 1009, 1029.) Here, the court's instruction with CALCRIM No. 226 was in accord: "You may believe all, part, or none of any witness's testimony. Consider the testimony of each witness and decide how much of it you believe." The instruction continues, "If you decide that a witness deliberately lied about something significant in this case, you should consider not believing anything that witness says. Or, if you think the witness lied about some things, but told the truth about others, you may simply accept the part that you think is true and ignore the rest."

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