State v. Sholes
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The Supreme Judicial Court affirmed Defendant's convictions for unlawful sexual contact and domestic violence assault, holding that the prosecutor did not commit misconduct and that the trial court did not abuse its discretion in denying Defendant the opportunity to call as a witness the district attorney's victim witness advocate (VWA).
On appeal, Defendant argued that the prosecutor committed multiple instances of misconduct and that the trial court abused its discretion in denying him the opportunity to call the VWA to testify. The Supreme Judicial Court affirmed, holding (1) even if a statement made by the prosecutor was improper, it did not amount to harmful error; (2) the trial court did not abuse its discretion when it denied Defendant's motion for a new trial; and (3) the trial court did not abuse its discretion in denying Defendant's request that the VWA testify.
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