WALKER V. COM.
CRIMINAL: PROSECUTORIAL MISCONDUCT
PANEL: NICKELL PRESIDING; KELLER AND KNOPF CONCUR
DATE RENDERED: 09/14/2007
Defendant’s conviction for Assault in the Second Degree affirmed following trial in which he was found guilty but mentally ill. Walker has failed to meet his burden of showing a manifest injustice has resulted from the alleged error contained in his withdrawn suppression motion as required by RCr 10.26. The brief reference in the Commonwealth’s closing argument to Dr. Simon’s testimony can hardly be said to have impacted the fundamental fairness of Walker’s entire trial.
Digested by Scott C. Byrd