When there is properly admitted expert testimony with respect to Battered Child Syndrome, a child decedent's prior injuries could be admissible to show intentional infliction or lack of accident of the fatal injury. State v. Martinez , 101 Hawai‘i 332, 341, 68 P.3d 606, 615 (2003).11.
Our standard for assessing the sufficiency of the evidence is well settled: "considered in the strongest light for the prosecution," the finding of guilt must be supported by "substantial evidence" — i.e., "credible evidence which is of sufficient quality and probative value to enable a person of reasonable caution to support a conclusion" that every material element of the charged offense was proven. State v. Martinez, 101 Hawai'i 332, 338-39, 68 P.3d 606, 612-13 (2003) (citations omitted). Furthermore, the analysis excludes from its purview all evidence erroneously admitted for consideration by the trier of fact.
It is well-settled that the finder of fact "may accept or reject any witness's testimony in whole or in part." State v. Martinez, 101 Hawai'i 332, 340, 68 P.3d 606, 614 (2003) (quoting State v. Birdsall, 88 Hawai'i 1, 9, 960 P.2d 729, 737 (1998)). "It is not the role of the appellate court to weigh credibility or resolve conflicting evidence."
The test on appeal is not whether guilt is established beyond a reasonable doubt, but whether there was substantial evidence to support the conclusion of the trier of fact. 101 Hawai'i 332, 338, 68 P.3d 606, 612 (2003) (cleaned up). IV.
The test on appeal is not whether guilt is established beyond a reasonable doubt, but whether there was substantial evidence to support the conclusion of the trier of fact.101 Hawai‘i 332, 338, 68 P.3d 606, 612 (2003) (cleaned up).
The jury rejected this argument in finding Bailey guilty. “[I]t is well-settled that an appellate court will not pass upon issues dependent upon the credibility of witnesses and the weight of the evidence; this is the province of the trier of fact.” State v. Martinez, 101 Hawai‘i 332, 340, 68 P.3d 606, 614 (2003) (citation omitted). We do not address what weight the lack of DNA evidence should have carried in this case.
The jury rejected this argument in finding Bailey guilty. "[I]t is well-settled that an appellate court will not pass upon issues dependent upon the credibility of witnesses and the weight of the evidence; this is the province of the trier of fact." State v. Martinez, 101 Hawai‘i 332, 340, 68 P.3d 606, 614 (2003) (citation omitted). We do not address what weight the lack of DNA evidence should have carried in this case.
Given the family court's consideration of the testimony of both doctors, we cannot say that the family court's crediting of Dr. Berry's testimony was an abuse of discretion inasmuch as it is axiomatic that reconciling conflicting testimony is beyond the scope of appellate review. See State v. Martinez, 101 Hawai'i 332, 340, 68 P.3d 606, 614 (2003) ("But `[i]t is well-settled that an appellate court will not pass upon issues dependent upon the credibility of witnesses and the weight of the evidence; this is the province of the trier of fact'") (Alteration in original.) (Citations omitted.
In Interest of John Doe, Born on January 5, 1976, 76 Hawai`i 85, 92-93, 869 P.2d 1304, 1311-12 (1994); see also State v. Valdivia, 95 Hawai`i 465, 471, 24 P.3d 661, 667 (2001).State v. Martinez, 101 Hawai`i 332, 338-39, 68 P.3d 606, 612-13 (2003) (alterations in original). III. DISCUSSION
Both the "clearly erroneous" and "right/wrong" tests must be employed in reviewing the circuit court's denial of a motion to dismiss for preindictment delay. State v. Martinez, 101 Hawai'i 332, 339, 68 P.3d 606, 613 (2003). "A trial court's [findings of fact] are reviewed under the `clearly erroneous' standard."