What is the test for credibility in a witness testimony?

California, United States of America


The following excerpt is from People v. Herrera, F061301 (Cal. App. 2012):

" 'Although we must ensure the evidence is reasonable, credible, and of solid value, nonetheless it is the exclusive province of the trial judge or jury to determine the credibility of a witness and the truth or falsity of the facts on which that determination depends. [Citation.] Thus, if the verdict is supported by substantial evidence, we must accord due deference to the trier of fact and not substitute our evaluation of a witness's credibility for that of the fact finder. [Citations.]' (People v. Jones (1990) 51 Cal.3d 294, 314 [].)" (People v. Ochoa (1993) 6 Cal.4th 1199, 1206.) An "inherent improbability claim ... based entirely on comparisons, contradictions and inferences ... amounts to

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nothing more than an attack on witness credibility, and cannot be the basis for a reversal of the judgment on appeal." (People v. Ennis, supra, 190 Cal.App.4th at p. 725.)

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