What is the test for a jury to determine the credibility of witnesses in a sexual assault case?

California, United States of America


The following excerpt is from People v. Cortez, B233833 (Cal. App. 2016):

trial court is not bound by the jury's determinations as to the credibility of witnesses or as to the weight or effect to be accorded to the evidence." (People v. Dickens (2005) 130 Cal.App.4th 1245, 1251.) "[T]he presumption that the verdict is correct does not affect the trial court's duty to give the defendant the benefit of its independent determination as to the probative value of the evidence." (Id. at p. 1252.)

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