Commonwealth v. Lewis

After a jury trial, Defendant was convicted of assault with intent to murder and several firearms offenses. The appeals court affirmed. Defendant appealed, asserting, among other things, that the prosecutor misstated evidence and unjustifiably demeaned the defense, Defendant, and defense counsel in his closing argument, thereby depriving Defendant of a fair trial. The Supreme Court reversed the convictions, holding (1) the prosecutor's repeated use of the term "street thug," his reference to the "entire defense" as a "sham," and his accusation that defense counsel assisted in the presentation of lies constituted excessive argument, and therefore, these aspects of the prosecutor's closing argument were improper; and (2) Defendant was prejudiced by the improprieties in the prosecutor's closing argument. Remanded for a new trial. View "Commonwealth v. Lewis" on Justia Law