Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Appeals court hears challenge to judge’s refusal to give lesser-included instruction in Cheatham rape conviction
Summary
At oral argument before a three‑justice panel, defense counsel argued the trial judge should have given a lesser‑included instruction because the record, defense says, left penetration in dispute; the Commonwealth maintained testimony and corroborating evidence supported the conviction. The court took argument under advisement.
Justice Mead and a three‑judge appeals panel heard argument in Commonwealth v. Cheatham on whether the trial court erred by refusing a defense request to charge the jury on a lesser included offense.
Mister Denion, arguing for the defendant, told the panel the record did not establish penetration beyond dispute on count three and that defense counsel reasonably sought a fallback instruction for indecent assault and battery. He pointed to the trial transcript and to multiple laboratory labels…
Already have an account? Log in
Subscribe to keep reading
Unlock the rest of this article — and every article on Citizen Portal.
- Unlimited articles
- AI-powered breakdowns of topics, speakers, decisions, and budgets
- Instant alerts when your location has a new meeting
- Follow topics and more locations
- 1,000 AI Insights / month, plus AI Chat
