How have the courts interpreted comments made by a magistrate in a motion to impeach a prosecution witness?
California, United States of America
The following excerpt is from Zemek v. Superior Court of Riverside Cnty., 257 Cal.Rptr.3d 729, 44 Cal.App.5th 535 (Cal. App. 2020):
It follows that, if the prosecution witnesses' testimony "was not inherently improbable, [they were] not significantly impeached, and the [magistrate] made no findings as to [their] demeanor," we must conclude that the magistrate's remarks are legal conclusions that we review independently. ( People v. Bautista, supra , 223 Cal.App.4th at p. 1102, 167 Cal.Rptr.3d 719.)
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