State v. Mussall

I fully agree “[i]t is not the function of an appellate court to assess credibility or reweigh the evidence.” State v. Rosiere, 488 So.2d 965, 968 (La.1986). However, I do not read our Supreme Court’s Rosiere decision, or LSA-Const. Art. 5 § 10(B), to preclude review where the trial court’s credibility determination constitutes an abuse of discretion, see State v. Sorina, 499 So.2d 376, 380 (La.App. 4th Cir.1986), State v. Claiborne, 483 So.2d 1301, 1305 (La.App. 4th Cir.1986); is clearly contrary to the evidence, see State v. Vessell, 450 So.2d 938, 943 (La.1984); State v. Turner, 499 So.2d…