Superior Court 3/19/08 - COMMONWEALTH OF PENNSYLVANIA v. ERIC HOLLEY

COMMONWEALTH OF PENNSYLVANIA v. ERIC HOLLEY
No. 3520 EDA 2005 2008 PA Super 44 Atlantic: n/a Filed: 3/19/2008
Appeal from the Judgment of Sentence Entered November 17, 2005 In the Court of Common Pleas of Philadelphia County CRIMINAL Division at No: 0407-0928
Before: JOYCE,? PANELLA, and KELLY, JJ.
Opinion by: PANELLA, J.
Appellant, Eric Holley, appeals from the judgment of sentence entered on November 17, 2005, by the Honorable Anthony J. DeFino, Court of Common Pleas of Philadelphia County. After a thorough review of the record, we affirm.

On appeal, Holley raises three issues for our review:

Whether the jury’s verdict, finding [Holley] guilty of Attempted Murder (FI) and Aggravated Assault (FI), was against the weight of the evidence?

Whether there was insufficient evidence to support the jury’s verdict, finding Appellant guilty of Attempted Murder (FI) and Aggravated Assault (F2)?

Whether the trial court erred in denying Appellant’s motion for a mistrial, where Commonwealth [sic] engaged in prosecutorial misconduct, by calling Appellant’s expert witness “arrogant and clueless,” and Appellant’s trial counsel “insane,” thereby creating a fixed bias in minds [sic] of jurors, which prejudiced [Holley]’s right to a fair trial?