Alfred R. Dyer v. Arthur Calderon, Warden, of California State Prison at San Quentin

THOMPSON, O’SCANNLAIN, and KLEINFELD, joining.

Today’s opinion sets forth a new rule of law that is a substantial departure from our precedent and deals a serious blow to the power of the trial court. Oür system of law mandates deference to the trial court on certain issues regarding facts and credibility of witnesses. Today, that deference is pushed aside so' that the appellate court may not only review the applicable laws, but also decide the facts. Our position has never been to sit as a finder of fact and I cannot support the extension of our power to do so. For the reasons that follow, I…