Cummings v. Commonwealth
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The Supreme Court affirmed the judgment of the circuit court convicting Defendant of two counts of first-degree assault and for being a first-degree persistent felony offender and his sentence of thirty-five years’ imprisonment, holding that there was no reversible error in the proceedings below.
Specifically, the Court held (1) the trial court erred by failing to excuse Juror #25, who served as a member of the jury even though he was peremptorily struck by Defendant, but the error was not palpable; and (2) the trial court did not abuse its discretion by admitting recorded portions of Defendant’s police interrogation.
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