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Panel weighs sufficiency challenge and whether detectives on-camera opinion was prejudicial
Summary
Appellant Philip Palmer argued the evidence tying him to a shooting was insufficient and that Detective Molinaris testimony that a handgun appeared to be placed in the defendants waistband amounted to an improper lay opinion; the Commonwealth said shell casings and video timing support a reasonable inference and that limiting instructions cured any risk. The case was submitted.
The appeals court heard argument in Commonwealth v. Philip Palmer on whether the trial evidence could sustain a conviction and whether an investigating officers descriptive testimony improperly intruded on the jurys fact-finding. Mary Miles, representing appellant Philip Palmer, argued the video evidence at most shows the defendant in the area and a deliberate adjustment of his waistband, which she said is equally consistent with…
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