Books and Journals Chapter 5 - §5. Appellate review

Chapter 5 - §5. Appellate review

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§5. Appellate review

§5.1. Standard of review. Review of a trial court's ruling to exclude evidence based on a Sixth Amendment violation is a two-step process. First, the appellate court must review the trial court's factual findings under the substantial-evidence standard. People v. Gonzales (2011) 52 Cal.4th 254, 284; People v. Moore (2011) 51 Cal.4th 386, 394-95; People v. Fairbank (1997) 16 Cal.4th 1223, 1247, 1249; People v. Bejasa (4th Dist.2012) 205 Cal.App.4th 26, 35; People v. Aguilar (6th Dist.1996) 48 Cal.App.4th 632, 637. This includes the trial court's resolution of disputed facts and inferences, including the determination of credibility. People v. Guerra (2006) 37 Cal.4th...

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