CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Foundation Issues
......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.