Moss v. Commonwealth

The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the circuit court convicting Defendant of manslaughter in the second degree and tampering with physical evidence. The court held (1) the trial court and the court of appeals erred in their respective applications of the adoptive admission exception to the hearsay rule, leading those tribunals to the erroneous conclusion that Defendant’s silence was an adoptive admission of guilt, but the error was harmless; and (2) the prosecutor improperly explained to the jury the adoptive admission rule, but no manifest injustice resulted from the error. View "Moss v. Commonwealth" on Justia Law