State v. Higgins

DE MUNIZ, S. J.

Defendant appeals from judgments of conviction for unlawful sexual penetration, sodomy, and rape. Although defendant assigns numerous errors to the trial court, we address only whether the trial court’s failure to sua sponte refuse to permit the complainant’s mother to comment on the complainant’s credibility was an error requiring reversal. We hold that the error is plain and requires that we reverse defendant’s convictions and remand for a new trial.

Defendant began dating the complainant’s mother, Eagles, in August 2008. In January 2009, defendant traveled with the…