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Appeals panel weighs marijuana evidence, prosecutor closing and counsel performance in Commonwealth v. Dieves
Summary
A three-justice panel heard arguments in Commonwealth v. Efrain Dieves, case no. 24P854, on whether testimony about the defendant providing marijuana to the alleged victim and related closing argument were improperly admitted and whether the defense counsel’s failure to object amounted to ineffective assistance.
A three-justice panel of the appeals court heard oral argument in Commonwealth v. Efrain Dieves (24P854) over whether evidence that the defendant gave marijuana to the alleged victim and the prosecutor’s closing argument were improperly admitted, and whether the defendant received ineffective assistance of counsel.
Presiding Justice Peter Sachs opened the session by noting the court had read the briefs and the record and urging counsel to “get right to the heart of your arguments.” The panel consisted of Justice John Englander and Justice Maureen Walsh.
Defense attorney Suzanne Lavert argued the trial was unfair because the prosecutor’s closing statements “were offensive and far beyond the scope,” and because the trial judge’s instructions did not properly limit the jury’s use of the…
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