Chapter 5 - §5. Appellate review

• Jurisdiction: United States

§5. Appellate review

§5.1. Factual findings. The trial court's factual findings about the sequence of events, the conduct of the police officers, and the circumstances surrounding the making of the defendant's statement are reviewed under the deferential substantial-evidence standard, if those facts or circumstances were disputed and resolved by the trial court. See People v. Sanchez (2019) 7 Cal.5th 14, 48; People v. Duff (2014) 58 Cal.4th 527, 551; People v. Tully (2012) 54 Cal.4th 952, 993; People v. Benson (1990) 52 Cal.3d 754, 779. Any facts that were not in dispute or resolved by the trial court, however, are subject to an independent or de novo review. Duff, 58 Cal.4th at 551; Tully, 54 Cal.4th at 993; People v. McWhorter (2009) 47 Cal.4th 318, 346.

§5.2. Conclusions of law. The trial court's conclusions of law about whether the police...