What is the test for the appellate court to determine the credibility of evidence in a sexual assault case?
California, United States of America
The following excerpt is from The People v. Ransome, B217992, No. NA080800 (Cal. App. 2010):
(People v. Romero (2006) 140 Cal.App.4th 15, 18.) "Although the appellate court must ensure the evidence is reasonable in nature, credible, and of solid value [citation], it must be ever cognizant that '"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.]" (People v. Barnes (1986) 42 Cal.3d 284, 303-304.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, does the appellate court have power to substitute its factual determination for that factual determination? (California, United States of America)
In determining the sufficiency of evidence in a civil case, how have courts considered the evidence in the context of sexual assault cases? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, does the appellate court have power to substitute its deductions for those of the trial court? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
What is the relevant case law regarding allegations of sexual assault made against appellant in a sexual assault case? (California, United States of America)
In a sexual assault case, how have the courts dealt with claims that the trial court abused its discretion in excluding evidence of the victim's other sexual conduct? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
What role does the Court of Appeal have in determining the sufficiency of evidence in a sexual assault case? (California, United States of America)
How have courts interpreted section 352 of the California Evidence Code for excluding prejudicial evidence in a sexual assault case? (California, United States of America)
