CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Court Control of Proceedings
......Duty to Independently Weigh Evidence
2 Cards On This Topic:
Judge misunderstood his duty and the correct legal standard in ruling on NT motion where he repeatedly stated he found D's girlfriend's alibi evidence credible and he believed D was not "the right man."
Trial ct. abused its discretion in denying D's motion to withdraw guilty plea where counsel gave incompetent advice on immigration issue, and evidence was one-sided, yet court did not state any reasons for its denial.