Cavanaugh v. Commonwealth
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The Supreme Court affirmed the judgment of the trial court finding Defendant guilty of first-degree assault and being a persistent felony offender in the first degree, holding that there was no error in the proceedings below.
Specifically, the Supreme Court held (1) the trial court committed no error in its application of Marsy's Law by allowing the complaining witness to be present at trial and committed no palpable error by referring to the complaining witness as a "victim"; and (2) the trial court did not abuse its discretion when it declined to instruct the jury on lesser-included offenses of extreme emotional disturbance and assault in the second degree.
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