Commonwealth v. Ramos

#Waiver #ProsecutorialMisconduct #CriminalLaw

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After a jury convicted him of sexual assault and related crimes, Ramos claimed on appeal that the trial court erred by failing to grant a mistrial when a detective testified that a photo in an array came from Ramos’s prior arrest and when a detective stated that he “believed the complainant”. The lower court held that the claim regarding the mention of his prior arrest was waived because trial counsel refused an offer for a curative instruction as a tactical matter to avoid drawing attention to the issue. And the comment that the witness “believed the complainant” did not warrant a reversal because it was an offhand comment from the witness and not the result of any question posed by the ADA.