Under what circumstances will a judge's finding be overturned on appeal?

California, United States of America


The following excerpt is from People v. Miller, 2d Crim. No. B276572 (Cal. App. 2018):

within a trial judge's province.'"' [Citations.]" (People v. Riccardi (2012) 54 Cal.4th 758, 787, overruled on other grounds by People v. Rangel (2016) 62 Cal.4th 1192, 1196.) "Accordingly, because the trial court is 'well positioned' to ascertain the credibility of the prosecutor's explanations and a reviewing court only has transcripts at its disposal, on appeal '"the trial court's decision on the ultimate question of discriminatory intent represents a finding of fact of the sort accorded great deference on appeal" and will not be overturned unless clearly erroneous.' [Citations.]" (Ibid.)

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