California, United States of America
The following excerpt is from People v. Spencer, G053033 (Cal. App. 2017):
At its core, defendant's argument is nothing more than an assertion that Gallegos lacked credibility due to what he believes are "contradictory" descriptions; it is nothing more than a request that this court reweigh the evidence. That is not the function of an appellate court. (People v. Ceja (1993) 4 Cal.4th 1134, 1138-1139.) "The inherently improbable standard addresses the basic content of the testimony itselfi.e., could that have happened?rather than the apparent credibility of the person testifying. . . . In other words, . . . [t]he only question is: Does it seem possible that what the witness claimed to have happened actually happened?" (People v. Ennis (2010) 190 Cal.App.4th 721, 729.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.