Is an appellate tribunal permitted to substitute its judgment for that of a trial judge?
California, United States of America
The following excerpt is from People v. McKALL, A123369, No. 203383 (Cal. App. 2010):
might disagree. 'An appellate tribunal is neither authorized nor warranted in substituting its judgment for the judgment of the trial judge.' " ' [Citations.] Taken together, these precepts establish that a trial court does not abuse its discretion unless its decision is so irrational or arbitrary that no reasonable person could agree with it." (People v. Carmony (2004) 33 Cal.4th 367, 376-377.)
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