State of West Virginia v. Matthew Bolen, 219 W. Va. 236

Summary

The Supreme Court of Appeals of West Virginia held that the trial court committed plain error by admitting and allowing the State to emphasize evidence of the victim's religious beliefs to bolster credibility in a first-degree sexual assault prosecution. The court also found prosecutorial misconduct based on repeated religious references and credibility vouching, reversed the sentencing order, and remanded for a new trial. Justice Maynard dissented, arguing that plain error review was inappropriate because the defendant had not preserved the evidentiary issue.

Holdings

1. The trial court committed plain error by allowing the State to introduce and comment on the victim's religious beliefs and affiliation to bolster his credibility.
2. The State acted improperly by repeatedly invoking C.J.'s religious devotion and vouching for his credibility in opening and closing argument, particularly where the case lacked corroborating physical or eyewitness evidence.

Questions Presented

1. Whether the trial court committed plain error by allowing the State to introduce and comment on evidence of C.J.'s religious beliefs and affiliation to bolster his credibility in violation of West Virginia Rule of Evidence 610.
2. Whether the State committed prosecutorial misconduct by repeatedly referencing C.J.'s religious devotion and vouching for his credibility in opening statement and closing argument.

Disposition

reversed_and_remanded