What is the burden of proving substantial evidence in a sexual assault case?

California, United States of America


The following excerpt is from Cleveland Wrecking Co. v. West Bay Builders, Inc., A124033, A125811 (Cal. App. 2011):

"Where an appellant challenges the sufficiency of the evidence, his burden is a heavy one; he must show that there is no substantial evidence whatsoever to support the findings of the trier of fact. [Citation.] The substantial evidence rule provides that where a finding of fact is attacked on the ground it is not sustained by the evidence, the power of the appellate court begins and ends with a determination whether there is any substantial evidence, contradicted or uncontradicted, which supports the finding. [Citation.] An appellate court is without power to judge the effect or value of the evidence, weigh the evidence, consider the credibility of witnesses, or resolve conflicts in the evidence or in the reasonable inferences that may be drawn therefrom. [Citation.]" (Kimble v. Board of Education (1987) 192 Cal.App.3d 1423, 1427.)

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