California, United States of America
The following excerpt is from People v. Moreno, G055455 (Cal. App. 2019):
Naturally, in such circumstances, we afford deference to the trial court's factual determinations, based, as they are, on firsthand observations unavailable to us on appeal." (People v. Barnwell, supra, 41 Cal.4th at p. 1053; accord, People v. Lomax, supra, 49 Cal.4th at p. 590 [where there is conflicting evidence about whether a juror should be removed, it is for the trial court to "weigh the credibility of those testifying," and the reviewing court must "defer to factual determinations based on these assessments"].)
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