Commonwealth v. Walter

849 A.2d 265 (2004)

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Commonwealth v. Walter

Pennsylvania Superior Court
849 A.2d 265 (2004)

Facts

Troy Walter (defendant) was charged with murdering his baby. The baby’s cause of death was determined to be shaken-baby/impact syndrome. At trial, the prosecution (plaintiff) sought to introduce evidence that the baby had previously suffered a broken leg consistent with the leg being twisted. Walter objected to this evidence. The trial court permitted testimony about the broken leg so long as the witness in no way connected the broken leg to Walter. Indeed, the court stated that there was no evidence that Walter caused the broken leg. The prosecution referenced the prior broken leg in its closing argument, insinuating that Walter had caused the injury, with no supporting evidence. Walter was convicted, and he appealed.

Rule of Law

Issue

Holding and Reasoning (Del Sole, J.)

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