What is the test for "unbelievable" testimony?
California, United States of America
The following excerpt is from People v. Berna, F068377 (Cal. App. 2015):
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.] 'Testimony may be rejected only when it is inherently improbable or incredible, i.e., " 'unbelievable per se' " physically impossible or " 'wholly unacceptable to reasonable minds.' " ' [Citation.]" (People v. Ennis, supra, 190 Cal.App.4th at p. 729.)
"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
What is the test for a court to accept testimony from a witness in a witness testimony? (California, United States of America)
What is the obligation of a witness not to give false testimony in testimony? (California, United States of America)
Does the Court have to grant immunity to a witness who testified in a witness testimony that the testimony was inconsistent with the instructions? (California, United States of America)
Does the opportunity to hear oral testimony constitute the right of a parolee to present oral testimony? (California, United States of America)
Is it proper for a witness to change their testimony from the previous testimony? (California, United States of America)
Does a coconspirator's testimony in jail constitute testimony under section 1111 of the Penal Code? (California, United States of America)
Is a witness's testimony from an earlier proceeding admissible under the prior testimony exception to the hearsay rule? (California, United States of America)
When will a jury consider the credibility of a defendant's extrajudicial statements against trial testimony and the physical evidence and testimony of witnesses? (California, United States of America)
Does a defendant have any authority for the proposition that the exclusion of testimony based upon the incompetence of the witness or the absence of foundation for the testimony? (California, United States of America)
In what circumstances will transcripts of testimony be admissible in lieu of personal testimony? (California, United States of America)
