instruction on any recognized defense in Pennsylvania

2026Thus, a “defendant is entitled to an instruction on any recognized defense which has been requested, which has been made an issue in the case, and for which there exists evidence sufficient for a reasonable jury to find in his or her favor.” Commonwealth v. Borgella, 611 A.2d 699, 700 (Pa. 1992) (citation omitted).

2025Hence, "[w]here Hence, "[w]here aa defendant requests a a jury instruction on a a R defense, the trial court may not refuse to instruct the jury regarding the defense if it is supported by evidence in the record," DeMarco, 570 Pa. at 271, 809 A.2d at 261; it is for"for the trier of fact to pass upon that evidence and improper for the trial judge to exclude such consideration by refusing the charge." Commonwealth v. Lightfoot, 538 Pa. 350, 355 , 648 A.2d 761, 764 (1994) (1994) (internal (internal quotation marks omitted); see also I 43 1 Commonwealth v. Borgella, Borgella, 531 Pa. 139, 142 , 61

2025Hence, "[w]here Hence, "[w]here aa defendant requests a a jury instruction on a a R defense, the trial court may not refuse to instruct the jury regarding the defense if it is supported by evidence in the record," DeMarco, 570 Pa. at 271, 809 A.2d at 261; it is for"for the trier of fact to pass upon that evidence and improper for the trial judge to exclude such consideration by refusing the charge." Commonwealth v. Lightfoot, 538 Pa. 350, 355 , 648 A.2d 761, 764 (1994) (1994) (internal (internal quotation marks omitted); see also I 43 1 Commonwealth v. Borgella, Borgella, 531 Pa. 139, 142 , 61

2025Hence, "[w]here Hence, "[w]here aa defendant requests a a jury instruction on a a R defense, the trial court may not refuse to instruct the jury regarding the defense if it is supported by evidence in the record," DeMarco, 570 Pa. at 271, 809 A.2d at 261; it is for"for the trier of fact to pass upon that evidence and improper for the trial judge to exclude such consideration by refusing the charge." Commonwealth v. Lightfoot, 538 Pa. 350, 355 , 648 A.2d 761, 764 (1994) (1994) (internal (internal quotation marks omitted); see also I 43 1 Commonwealth v. Borgella, Borgella, 531 Pa. 139, 142 , 61

2017Commonwealth v. Bohonyi, 900 A.2d 877, 883 (Pa.Super. 2006), appeal denied, 591 Pa. 679 , 917 A.2d 312 (2007) (citation omitted) Similarly, “review of a trial court’s denial of a motion for mistrial is limited to determining whether the trial court abused its discretion.” Commonwealth v. Brooker, 103 A.3d 325, 332 (Pa.Super. 2014), appeal denied, 632 Pa. 679 , 118 A.3d 1107 (2015).

2015However, a defendant is entitled to an instruction on any recognized defense which has been requested, which has been made an issue in the case, and for which there exists evidence sufficient for a reasonable jury to find in his or her favor." Commonwealth v. Bohonyi, 900 A.2d 877, 883 (Pa. Super. 2006) Defendant misstates the record when he states the Court failed to instruct the jury pursuant to 18 Pa.C.S. § 506(b), that he "was not obliged to retreat to any greater extent than his wife, the person whom he sought to protect." Defendant's overreaction to the Commonwealth's vigorous cross exam

2025Hence, "[w]here Hence, "[w]here aa defendant requests a a jury instruction on a a R defense, the trial court may not refuse to instruct the jury regarding the defense if it is supported by evidence in the record," DeMarco, 570 Pa. at 271, 809 A.2d at 261; it is for"for the trier of fact to pass upon that evidence and improper for the trial judge to exclude such consideration by refusing the charge." Commonwealth v. Lightfoot, 538 Pa. 350, 355 , 648 A.2d 761, 764 (1994) (1994) (internal (internal quotation marks omitted); see also I 43 1 Commonwealth v. Borgella, Borgella, 531 Pa. 139, 142 , 61

2025Hence, "[w]here Hence, "[w]here aa defendant requests a a jury instruction on a a R defense, the trial court may not refuse to instruct the jury regarding the defense if it is supported by evidence in the record," DeMarco, 570 Pa. at 271, 809 A.2d at 261; it is for"for the trier of fact to pass upon that evidence and improper for the trial judge to exclude such consideration by refusing the charge." Commonwealth v. Lightfoot, 538 Pa. 350, 355 , 648 A.2d 761, 764 (1994) (1994) (internal (internal quotation marks omitted); see also I 43 1 Commonwealth v. Borgella, Borgella, 531 Pa. 139, 142 , 61

2007Commonwealth v. Weiskerger, 520 Pa. 305, 312-313 , 554 A.2d 10, 14 (1989) (citing Mathews v. United States, 485 U.S. 58 , 108 S.Ct. 883 , 99 L.Ed.2d 54 (1988)) ("A defendant is entitled to an instruction on any recognized defense which has been requested, which has been made an issue in the case, and for which there exists evidence sufficient for a reasonable jury to find in his or her favor."). ¶ 11 Furthermore, contrary to the majority's position, Appellant's testimony regarding how the accident occurred, even though refuted by other witnesses, was sufficient to establish the existence of a

2007Commonwealth v. Weiskerger, 520 Pa. 305, 312-313 , 554 A.2d 10, 14 (1989) (citing Mathews v. United States, 485 U.S. 58 , 108 S.Ct. 883 , 99 L.Ed.2d 54 (1988)) ("A defendant is entitled to an instruction on any recognized defense which has been requested, which has been made an issue in the case, and for which there exists evidence sufficient for a reasonable jury to find in his or her favor."). ¶ 11 Furthermore, contrary to the majority's position, Appellant's testimony regarding how the accident occurred, even though refuted by other witnesses, was sufficient to establish the existence of a

2020Commonwealth v. Chambers, 980 A.2d 35, 49-50 (Pa. 2009) (quotations and citations omitted); see also Commonwealth v. Borgella, 611 A.2d 699, 700 (Pa. 1992) (“[a] defendant is entitled to an instruction on any recognized defense which has been requested, which has been made an issue in the case, and for which there exists evidence sufficient for a reasonable jury to find in his or her favor”) (quotations and citations omitted).

2020Commonwealth v. Chambers, 980 A.2d 35, 49-50 (Pa. 2009) (quotations and citations omitted); see also Commonwealth v. Borgella, 611 A.2d 699, 700 (Pa. 1992) (“[a] defendant is entitled to an instruction on any recognized defense which has been requested, which has been made an issue in the case, and for which there exists evidence sufficient for a reasonable jury to find in his or her favor”) (quotations and citations omitted).

2019See generally Commonwealth v. Markman , 591 Pa. 249 , 284-85, 916 A.2d 586 , 607 (2007) (explaining that defendants are constitutionally entitled to an instruction on any recognized defense for which there is sufficient record evidence to allow a reasonable jury to find in his favor).

2019See generally Commonwealth v. Markman , 591 Pa. 249 , 284-85, 916 A.2d 586 , 607 (2007) (explaining that defendants are constitutionally entitled to an instruction on any recognized defense for which there is sufficient record evidence to allow a reasonable jury to find in his favor).

2017Citing case law holding that “[a] defendant is entitled to an instruction on any recognized defense which has been requested, which has been made an issue in the case, and for which there exists evidence sufficient for a reasonable jury to find in his or her favor,” Commonwealth v. Buksa, 655 A.2d 576, 583 (Pa. Super. 1995), Ghee argues that certain evidence adduced at trial, in which Green was portrayed as the aggressor, supported such a charge.

2006Commonwealth v. Buksa, 440 Pa.Super. 305 , 655 A.2d 576, 583 (1995) (citations and *884 internal quotations omitted; emphasis supplied). ¶ 13 Appellant’s argument that the Commonwealth, in the first instance, was required to prove as an element of the crime that Appellant knew or believed that Staciel3 was thirteen years old is without legal support.

2007Hence, “[w]here a defendant requests a jury instruction on a defense, the trial court may not refuse to instruct the jury regarding the defense if it is supported by evidence in the record,” DeMarco, 570 Pa. at 271 , 809 A.2d at 261 ; it is “for the trier of fact to pass upon that evidence and improper for the trial judge to exclude such consideration by refusing the charge.” Commonwealth v. Lightfoot, 538 Pa. 350, 355 , 648 A.2d 761, 764 (1994) (internal quotation marks omitted); see also Commonwealth v. Borgella, 531 Pa. 139, 142 , 611 A.2d 699, 700 (1992) (“A defendant is entitled to an ins

2007Hence, “[w]here a defendant requests a jury instruction on a defense, the trial court may not refuse to instruct the jury regarding the defense if it is supported by evidence in the record,” DeMarco, 570 Pa. at 271 , 809 A.2d at 261 ; it is “for the trier of fact to pass upon that evidence and improper for the trial judge to exclude such consideration by refusing the charge.” Commonwealth v. Lightfoot, 538 Pa. 350, 355 , 648 A.2d 761, 764 (1994) (internal quotation marks omitted); see also Commonwealth v. Borgella, 531 Pa. 139, 142 , 611 A.2d 699, 700 (1992) (“A defendant is entitled to an ins

2025See Commonwealth v. Yachimowski, 232 A.3d 861, 865 (Pa.Super. 2020); Commonwealth v. Borgella, 611 A.2d 699, 700 (Pa. 1992) (“[a] defendant is entitled to an instruction on any recognized defense which has been requested, which has been made an issue in the case, and for which there exists evidence sufficient for a reasonable jury to find in his or her favor”) (citation omitted).

2024Commonwealth v. Sandusky, 77 A.3d 663, 667 (Pa. Super. 2013) (citation omitted); see also Commonwealth v. Borgella, 611 A.2d 699, 700 (Pa. 1992) (holding that “[a] defendant is entitled to an instruction on any recognized defense which has been requested, which has been made an issue in the case, and for which there exists evidence sufficient for a reasonable jury to find in his or her favor”) (quotations and citations omitted).

2017Commonwealth v. Bohonyi, 900 A.2d 877, 883 (Pa.Super. 2006), appeal denied, 591 Pa. 679 , 917 A.2d 312 (2007) (citation omitted) Similarly, “review of a trial court’s denial of a motion for mistrial is limited to determining whether the trial court abused its discretion.” Commonwealth v. Brooker, 103 A.3d 325, 332 (Pa.Super. 2014), appeal denied, 632 Pa. 679 , 118 A.3d 1107 (2015).

2014Regarding a request for a self- must be given upon request if there is evidence presented, from any source, that the defendant acted in self- Commonwealth v. Gonzales, 483 A.2d 902, 903 (Pa. Super. 1984) (citing Commonwealth v. Brown, 421 A.2d 660 (Pa. 1980)) (emphasis added).