What is the test for overturning a judgment or verdict based upon evidence that merely discloses unusual circumstances?

California, United States of America


The following excerpt is from In re Alberto M., B197363 (Cal. App. 3/26/2008), B197363 (Cal. App. 2008):

"`"Although an appellate court will not uphold a judgment or verdict based upon evidence inherently improbable, testimony which merely discloses unusual circumstances does not come within that category. [Citation.] To warrant the rejection of the statements given by a witness who has been believed by the [trier of fact], there must exist either a physical impossibility that they are true, or their falsity must be apparent without resorting to inferences or deductions. [Citations.] Conflicts and even testimony which is subject to justifiable suspicion do not justify the reversal of a judgment, for 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 upon which a determination depends. [Citation.]". . . .' [Citation.]" (People v. Barnes (1986) 42 Cal.3d 284, 306.)

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