Elery v. Commonwealth
Annotate this CaseAppellant Michael Elery was convicted of murder, tampering with physical evidence, and violating a protective order and sentenced to life in prison with no possibility of probation or parole. The Supreme Court affirmed the convictions and sentence, holding, inter alia, (1) the jury was improperly allowed to hear evidence of an uncharged crime, but the error was harmless; (2) any error in the trial court's instructions to the jury was not prejudicial to Appellant; (3) the trial court did not abuse its discretion in striking a juror for cause; (4) certain victim impact testimony was properly admitted; and (5) the exclusion of a portable breathalyzer test was error, but the error was harmless.
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