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Appeals court reviews judge's use of Tuohy-Rodriguez instruction and prosecutor's closing in Commonwealth v. Brandon Bamford
Summary
The appeals court heard argument Nov. 4 in Commonwealth v. Brandon Bamford over whether a trial judge's post-deliberation Tuohy-Rodriguez instruction coerced a guilty verdict on one count and whether a prosecutor's closing remark was reversible error.
The appeals court heard argument Nov. 4 in Commonwealth v. Brandon Bamford over whether the trial judge abused his discretion by giving a Tuohy-Rodriguez instruction during deliberations and whether the prosecutor's closing remarks created a substantial risk of a miscarriage of justice.
Attorney Carl Sucecki, representing Brandon Bamford, told the three-justice panel that jurors had sent multiple notes asking legal questions and, later, a note indicating they had reached a verdict on three counts but were deadlocked on a fourth. "At the end of the day, the judge gave a Tuohy Rodriguez instruction, and it he essentially coerced the…
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