Does the Court have any authority or authority to question a trial judge's determination to submit an issue to the jury?
California, United States of America
The following excerpt is from People v. Glaze, A139729 (Cal. App. 2015):
repeatedly noted in the context of self-defense instructions: " 'A trial judge's superior ability to evaluate the evidence renders it highly inappropriate for an appellate court to lightly question his determination to submit an issue to the jury. A reviewing court certainly cannot do so where, as here, the trial court's determination was agreeable to both the defense and the prosecution.' " (People v. Olguin, supra, at p. 1381.)
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