What is the standard of review applied to a finding of concealed bias?

California, United States of America


The following excerpt is from Evans v. Cnty. of Nev., C087658 (Cal. App. 2020):

The County urges us to apply a heightened "demonstrable reality" standard of review to the trial court's finding of concealed bias. "Under the demonstrable reality standard, a reviewing court's task is more 'than simply determining whether any substantial evidence in the record supports the trial court's decision.' [Citation.] 'A substantial evidence inquiry examines the record in the light most favorable to the judgment and upholds it if the record contains reasonable, credible evidence of solid value upon which a reasonable trier of fact could have relied in reaching the conclusion in question. Once such evidence is found, the substantial evidence test is satisfied. . . . [] The demonstrable reality test entails a more comprehensive and less deferential review. It requires a showing that the court as trier of fact did rely on evidence that, in light of the entire record, supports its conclusion . . . . It is important to make clear that a reviewing court does not reweigh the evidence under either test. Under the demonstrable reality standard, however, the reviewing court must be confident that the trial court's conclusion is manifestly supported by evidence on which the court actually relied.' " (People v. Armstrong (2016) 1 Cal.5th 432, 450-451.)

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