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Suppose in a bench trial, a witness testifies that she does indeed "own blue pants." Later in the testimony she mentions that all her blue pants have been in storage since the 1970s.

In the judge's decision, the judge finds that the witness owns blue pants and therefore was the woman on the video footage, etc. In other words, the case was decided based on the witness being the woman in blue pants even though she never testified to having worn such pants in years.

Was the judge allowed to draw such conclusions from testimony? Can his inference be appealed?

feetwet
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lgshost
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1 Answers1

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A judge's findings of fact can only be successfully appealed if the finding of fact has no support in the trial court record, including any reasonable inferences from the trial court record. If an appellate court feels that the inference was reasonable, then it will uphold the verdict.

ohwilleke
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