Chapter 5 - §6. Appellate review

• Jurisdiction: United States

§6. Appellate review

§6.1. Factual findings. The trial court's findings regarding facts and inferences, and its evaluations of credibility, 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. Box (2000) 23 Cal.4th 1153, 1194, disapproved on other grounds, People v. Martinez (2010) 47 Cal.4th 911; People v. Sumagang (6th Dist.2021) 69 Cal.App.5th 712, 725. 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; People v. Enraca (2012) 53 Cal.4th 735, 753; see People v. Molano (2019) 7 Cal.5th 620, 661. However, an objection to a confession based on a Miranda violation is legally distinct from a due-process-based objection; an objection on one ground does not preserve the other for appellate review. People v. Orozco (2d Dist.2019) 32 Cal.App.5th 802, 819.

§6.2. Conclusions of law. A trial...