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Appeals panel hears argument that extensive prior-bad-act testimony overwhelmed Marino trial
Summary
Defense counsel William Corman told the appeals panel that roughly a third of the victim's direct testimony concerned uncharged conduct and that the admission of that material created a substantial risk of a miscarriage of justice; the Commonwealth argued the defense opened the door and limiting instructions were given.
The appeals court heard oral argument in Commonwealth v. Marino on whether extensive testimony about prior uncharged conduct should have been excluded at trial.
William Corman, representing the defendant, told the panel that the record was "murky to say the least" and urged the court to evaluate the case "from above" rather than line-by-line. He said the quantity of prior-bad-act evidence was overwhelming and estimated that about a third of the victim's direct testimony related…
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