Commonwealth v. Viriyahiranpaiboon

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• even if allegedly burden-shifting comments were improper, defendant must show effect on jury was sufficiently prejudicial to merit reversal
• agreements that are reduced to writing in the conference report “may be equivalent to discovery orders”
• summation remarks considered in context of entire argument, judge’s instructions to jury, and evidence at trial
• defendant waives right to appeal on grounds not raised before judge; in such circumstances, test is whether there was error that created substantial likelihood of miscarriage of justice
• judge’s clear and repeated instructions about the Commonwealth’s burden of proof and what was and was not evidence eliminated any prejudicial impact of prosecu-torial burden shifting argument
• defendant waives right to appeal on grounds not raised before judge; in such circumstances, test is whether there was an error that created a substantial likelihood of a miscarriage of justice

Source: CourtListener parenthetical corpus (CC0).