CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Foundation Issues
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Facts to be Redetermined by Jury
.........Witness Credibility
3 Cards On This Topic:
D's impeachment arguments involved simple conflicts in evidence for jury to resolve—it is not a proper appellate function to reassess the credibility of the witnesses.
To warrant rejection of statements given by W who was believed by trier of fact, there must be either a physical impossibility they are true, or their falsity must be apparent without resorting to inferences or deductions.
In assessing credibility of W, court erred in weighing probative value against inaccurate standard of prejudice and misconstruing its fact finding role.