Murphy v. Commonwealth

After a jury trial, Appellant was convicted of first-degree sodomy, first-degree sexual abuse, and use of a minor in a sexual performance. Appellant was sentenced to a total of thirty years in prison. The Supreme Court affirmed in part and reversed in part, holding (1) the trial court erred by failing to direct a verdict of acquittal for first-degree sodomy and first-degree sexual abuse; (2) two of Appellant’s remaining arguments concerning his first-degree sodomy and first-degree sexual abuse convictions were moot; (3) the trial court did not err by denying Appellant’s request for a sexual misconduct jury instruction; (4) the prosecutor made improper remarks during closing argument, but the misstatements were not so egregious that they constitute flagrant misconduct undermining the essential fairness of Appellant’s trial; and (5) there was no cumulative effect of multiple errors that would justify reversal.