01-1932 In the Interest of Tyler W.P.: State v. Tyler W.P.

By: dmc-admin//December 3, 2001//

Listen to this article

Tyler W.P. was found delinquent by the juvenile court of criminal damage to property of over $100 in value, as a party to a crime. His sole argument on appeal is that the testimony of the State’s witnesses was so inconsistent and contradictory to each other as to be incredible as a matter of law. The law is, however, that even under the reasonable doubt standard of proof, the trier of fact is allowed to accept or reject inconsistent testimony. The credibility of the various witnesses and the weight attributed to each when contrasted with other witnesses is always an issue that is properly before the trier of fact.

Upon review and after giving due weight to the credibility determinations of the juvenile court, we hold that the evidence here was not incredible as a matter of law and affirm.

This opinion will not be published.

Dist II, Sheboygan County, Bolgert, J., Brown, J.

Attorneys:

For Appellant: Mark R. Fremgen, Oshkosh

For Respondent: James P. Van Akkeren, Sheboygan; Mary T. Wagner, Sheboygan

Select Region or Brand

Upcoming Event