What is the test for substantial evidence in a criminal case?

California, United States of America


The following excerpt is from In re Shaputis, 12 Cal. Daily Op. Serv. 137, 134 Cal.Rptr.3d 86, 2011 Daily Journal D.A.R. 18585, 265 P.3d 253, 53 Cal.4th 192 (Cal. 2011):

7. A substantial evidence inquiry examines the record in the light most favorable to the judgment and upholds it if the record contains reasonable, credible evidence of solid value upon which a reasonable trier of fact could have relied in reaching the conclusion in question.... [] The demonstrable reality test entails a more comprehensive and less deferential review. It requires a showing that the court as trier of fact did rely on evidence that, in light of the entire record, supports its conclusion that bias was established. It is important to make clear that a reviewing court does not reweigh the evidence under either test. Under the demonstrable reality standard, however, the reviewing court must be confident that the trial court's conclusion is manifestly supported by evidence on which the court actually relied. ( People v. Barnwell, supra, 41 Cal.4th at pp. 10521053, 63 Cal.Rptr.3d 82, 162 P.3d 596.)

8. Further references are to the parole Regulations found in title 15 of the California Code of Regulations.

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