California, United States of America
The following excerpt is from People v. Herrera, F061301 (Cal. App. 2012):
" 'Although we must ensure the evidence is reasonable, credible, and of solid value, nonetheless 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 on which that determination depends. [Citation.] Thus, if the verdict is supported by substantial evidence, we must accord due deference to the trier of fact and not substitute our evaluation of a witness's credibility for that of the fact finder. [Citations.]' (People v. Jones (1990) 51 Cal.3d 294, 314 [].)" (People v. Ochoa (1993) 6 Cal.4th 1199, 1206.) An "inherent improbability claim ... based entirely on comparisons, contradictions and inferences ... amounts to
Page 16
nothing more than an attack on witness credibility, and cannot be the basis for a reversal of the judgment on appeal." (People v. Ennis, supra, 190 Cal.App.4th at p. 725.)
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.