Duncan v. Commonwealth

How courts have described this case

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

• discussing the difference between calling other witnesses “wrong” and stating that they are “liars”
• “Where there was no objection, we will reverse only where the misconduct was flagrant and was such as to render the trial fundamentally unfair.”
• “If the misconduct is objected to, we will reverse on that ground if proof of the defendant’s guilt was not such as to render the misconduct harmless . . . .”
• a gross mischaracterization of DNA evidence constituted prosecutorial misconduct resulting in palpable error
• a gross mischaracterization of DNA evidence constituted prosecutorial misconduct resulting in palpable error
• “Whatever avenue is chosen; the Commonwealth must abide by the limitations of its own proof and not make claims that its DNA evidence is more probative than the expert's testimony has shown it to be.”

Source: CourtListener parenthetical corpus (CC0).