West Virginia v. Varlas (Signed Opinion)
Annotate this CaseDefendant appealed his conviction for second-degree sexual assault and of attempting to commit first-degree sexual abuse. The court found that, under Rule 412 of the West Virginia Rules of Evidence, the circuit court abused its discretion when it prevented defendant from admitting and using text messages from the victim's boyfriend. In this case, the prosecutor opposed admitting the texts, though acknowledging that the victim's reluctance to report the crime, the fact that she discussed it with her boyfriend and the boyfriend pushed her to report the crime, is relevant. The court further concluded that exclusion of the text messages warrants a new trial. Finally, the court concluded that Officer Robertson's testimony as a lay witness was hearsay and irrelevant to the situation at hand. Accordingly, the court reversed and remanded.
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