State of West Virginia, Plaintiff Below, Respondent v. Charles Edward Bruffey, Defendant Below, — Benjamin, J…

Summary

Chief Justice Benjamin dissents, arguing that the majority erred by admitting evidence of an uncharged February 2010 bank robbery to prove the defendant’s involvement in the December 2009 robbery. He maintains that the similarities between the two robberies are not sufficiently distinctive to satisfy Rule 404(b)’s identity or modus operandi exceptions and that the admission prejudiced the jury. Justice Ketchum also dissents, contending that the trial court’s references to the defendant’s silence and failure to hold a proper McGinnis hearing constitute reversible error.