State v. Nelson

This is not an easy case. I, too, may have found the police officers’ testimony credible, had I been the fact finder. But that is not the standard of our review. I, therefore, dissent.

It requires no citation that the trial court is the ultimate arbiter of credibility. Of course, all credibility determinations are part of the record and subject to our review. But still, the fact finder is perfectly justified to reject anyone’s testimony if it finds that testimony lacking in credibility. That finding of incredibility need not be articulated but, instead, is often inferred from the fact finder’s…