Commonwealth v. Lodge

After a jury trial, the defendant was convicted of possession of a firearm without a license. On appeal, he claims that the prosecutor’s opening statement improperly appealed to emotion without a factual basis, that the prosecutor’s closing argument improperly commented on the defendant’s post-Miranda silence, and that he received ineffective assistance of counsel. We affirm.

Background. On July 28,2011, at approximately 11:45 p.m., Boston police officers responded to a disturbance on Hansborough Street in the Dorchester section of Boston. Upon arriving at Hansborough Street, Officer Robert…