What role does the Court of Appeal have in determining the outcome of a trial?
California, United States of America
The following excerpt is from Strojan v. Strojan, C086485, C088137 (Cal. App. 2020):
Les misconceives our role. Even assuming substantial evidence supports his position, this support does not signal error. We do not reweigh the evidence, redetermine the credibility of witnesses, or resolve conflicts in the testimony. (Williamson v. Brooks,
Page 22
"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
Can a defendant bring a notice of appeal to the Court of Appeal claiming that he failed to raise his constitutional claims in 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)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Whether a court's ruling is based on oral testimony or written declarations, when conflicting inferences can reasonably be drawn from the facts, can the appellate court defer to the trial court's factual determinations? (California, United States of America)
Can a defendant bring an appeal to the Court of Appeal against a finding that the trial court wrongfully convicted him of assault? (California, United States of America)
What is the effect of the Court of Appeal's decision to stay the trial court's writ of mandate and all proceedings below, pending an appeal? (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)
In a motion for a new trial, is the trial court bound by the same principles as the court of appeal? (California, United States of America)
When a defendant challenges on appeal a motion for a new trial on grounds of juror misconduct, does he accept the credibility determinations and findings of the trial court? (California, United States of America)
On appeal, can the court conduct an independent review of the transcript of the in camera hearing and the records reviewed by the trial court to determine whether any records were improperly withheld? (California, United States of America)
