Garrett v. Commonwealth

Although I concur in the result reached by the majority, I believe the trial court improperly instructed the jury to disregard a portion of defense counsel’s closing argument, and I therefore write separately as to Section IV. In my opinion, Garrett’s trial counsel’s commentary regarding the complaining witness’s knowledge of sexual penetration at the time of trial fell within the latitude we allow attorneys during closing argument.1 While I believe the trial court erred when it sustained the Commonwealth’s objection and admonished the jury to disregard trial counsel’s statement, I do not…