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Bolden v. State

Defendant did not have to renew his objection to solicitor's improper comment on credibility of state's only witness.

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After Stanley C. Bolden objected during closing argument to the solicitor’s improper argument, the trial court overruled the objection and Bolden made no further objection. On appeal, the Court of Appeals of Georgia held that Bolden waived his objection by failing to renew it or move for a mistrial.1 Contrary to that holding, Bolden was not required to request further relief after his objection was overruled to preserve the issue for appellate review. We reverse because we cannot conclude that the solicitor’s improper bolstering did not contribute to the verdict.

The police officer who made the arrest and Bolden were the only witnesses at trial. They gave conflicting testimony about the circumstances related to Bolden’s arrest for driving under the influence and driving without headlights. During closing argument, the solicitor stated: “You look at what you heard from the officer, who I thought was very credible.” Defense counsel objected to the argument as improperly bolstering the credibility of the police officer. The trial court said that “the jury can determine credibility. He can . . . argue that.” Defense counsel made no further objection. The solicitor then told the jury that he would let them determine the credibility of the witnesses. The jury found Bolden guilty of both offenses.

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