What is the test for credibility of testimony given by the Attorney General to a jury in a civil case?

California, United States of America


The following excerpt is from People v. Cantrell, 7 Cal.App.4th 523, 9 Cal.Rptr.2d 188 (Cal. App. 1992):

Clearly, the trial court was in a better position than this court to judge the credibility of this testimony. And just as clearly, the record supports the court's findings in this regard. (See People v. Garewal, supra, 173 Cal.App.3d at p. 293, 218 Cal.Rptr. 690.)

Appellant was put on notice by the trial court that if something occurred at trial demonstrating that there had been disclosure of privileged materials to the Attorney General's office, he could renew his motion at that time. He did not. Accordingly, if something did occur at trial in this vein, he has waived the right to raise it as an issue on appeal. (People v. Green (1980) 27 Cal.3d 1, 27, 164 Cal.Rptr. 1, 609 P.2d 468.)

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