California, United States of America
The following excerpt is from Merritt v. Merritt (In re Jay), E065685 (Cal. App. 2018):
Notwithstanding these and other minor inconsistencies, wife's allegations were very consistent as to the salient facts: when wife did not go upstairs to bed, husband asked her what she was doing sitting on the sofa; when wife said she was on her phone, husband said she was "fuckin' stupid"; when husband came back downstairs, he went up to wife and "puffed" his chest against wife; and when wife pushed husband away, he hit her in the eye and she received a black eye from the blow. The family court, as the trier of fact, could reasonably find wife was a credible witness despite the inconsistencies between wife's application and her testimony, and despite any inconsistencies in her testimony itself. (See People v. Champion (1995) 9 Cal.4th 879, 927 ["although there were inconsistencies in witness [M.'s] testimony, the jury could reasonably find her testimony credible"].)
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