Does the Court of Appeal have any authority or authority to assess the credibility of a witness?
California, United States of America
The following excerpt is from The People v. Brady, No. YA020910, S078404 (Cal. 2010):
12. The trial court properly instructed the jury that the jury was the sole judge as to the believability of the witnesses and that discrepancies may occur in witnesses' testimony. We presume the jury followed these instructions (see, e.g., People v. Butler, supra, 46 Cal.4th at p. 873), and it is not the role of an appellate court to assess a witness's credibility.
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