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Darryl Woodard, Appellant v. United States, Appellee.

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Argued April 7, 2009

Before WASHINGTON, Chief Judge, THOMPSON, Associate Judge, and FARRELL,*fn1 Senior Judge.

A partly reconstituted division of the court granted rehearing in this case to reconsider our previous holding that the prosecutor‟s closing argument did not foster a misleading impression by the jury, sufficient to warrant reversal, of the credibility of an important government witness. See Woodard v. United States, 1 A.3d 371, 376 (D.C. 2010). We now hold that the argument in question might well have improperly bolstered the witness‟s credibility in jurors‟ minds, and that because the trial judge declined to adopt a corrective measure reasonably proposed by the defense, appellant‟s substantial rights were affected and his conviction must be reversed. We vacate our earlier judgment and opinion, and publish this opinion in its place.

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