defendant requests a jury instruction in Pennsylvania

23 Pennsylvania opinions name it 3 courts 1996–2026 10 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (13)

Case	Followed	Cited
Commonwealth v. Demarcogreen pa · 2002 · cited in 15 Pennsylvania opinions naming this issue, 2007–2026 2 sentences 2026“Where 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.” Commonwealth v. DeMarco, 809 A.2d 256, 261 (Pa. 2002) (footnote omitted). 2023Commonwealth v. Markman, 591 Pa. 249 , 916 A.2d 586, 607 (2007); Commonwealth v. DeMarco, 570 Pa. 263 , 809 A.2d 256, 261 (2002) (“Where 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.”); Commonwealth v. Browdie, 543 Pa. 337 , 671 A.2d 668 , 673–74 (1996) (“[W]e hold that a trial court shall only instruct on an offense where the offense has been made an issue in the case and where the trial evidence reasonably would support such a verdict.”).	13	15
Commonwealth v. Markmangreen pa · 2007 · cited in 8 Pennsylvania opinions naming this issue, 2014–2024 2 sentences 2024It is well-settled that, “where 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[.]” Commonwealth v. Markman, 916 A.2d 586, 607 (Pa. 2007) (cleaned up). 2023Commonwealth v. Markman, 591 Pa. 249 , 916 A.2d 586, 607 (2007); Commonwealth v. DeMarco, 570 Pa. 263 , 809 A.2d 256, 261 (2002) (“Where 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.”); Commonwealth v. Browdie, 543 Pa. 337 , 671 A.2d 668 , 673–74 (1996) (“[W]e hold that a trial court shall only instruct on an offense where the offense has been made an issue in the case and where the trial evidence reasonably would support such a verdict.”).	7	8
Commonwealth v. Whitegreen pa · 1980 · cited in 7 Pennsylvania opinions naming this issue, 2014–2023 2 sentences 2023We have explained that the reason for this rule is that “instructing the jury on legal principles that cannot rationally be applied to the facts presented at trial may confuse them and place obstacles in the path of a just verdict.” Commonwealth v. Taylor, 583 Pa. 170 , 876 A.2d 916 , 925–26 (2005) (quoting Commonwealth v. White, 490 Pa. 179 , 415 A.2d 399, 400 (1980)). 2023We have explained that the reason for this rule is that “instructing the jury on legal principles that cannot rationally be applied to the facts presented at trial may confuse them and place obstacles in the path of a just verdict.” Commonwealth v. Taylor, 583 Pa. 170 , 876 A.2d 916 , 925–26 (2005) (quoting Commonwealth v. White, 490 Pa. 179 , 415 A.2d 399, 400 (1980)).	7	7
Commonwealth v. Browdiegreen pa · 1996 · cited in 7 Pennsylvania opinions naming this issue, 2014–2023 2 sentences 2023Commonwealth v. Markman, 591 Pa. 249 , 916 A.2d 586, 607 (2007); Commonwealth v. DeMarco, 570 Pa. 263 , 809 A.2d 256, 261 (2002) (“Where 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.”); Commonwealth v. Browdie, 543 Pa. 337 , 671 A.2d 668 , 673–74 (1996) (“[W]e hold that a trial court shall only instruct on an offense where the offense has been made an issue in the case and where the trial evidence reasonably would support such a verdict.”). 2023Commonwealth v. Markman, 591 Pa. 249 , 916 A.2d 586, 607 (2007); Commonwealth v. DeMarco, 570 Pa. 263 , 809 A.2d 256, 261 (2002) (“Where 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.”); Commonwealth v. Browdie, 543 Pa. 337 , 671 A.2d 668 , 673–74 (1996) (“[W]e hold that a trial court shall only instruct on an offense where the offense has been made an issue in the case and where the trial evidence reasonably would support such a verdict.”).	7	7
Commonwealth v. Taylorgreen pa · 2005 · cited in 7 Pennsylvania opinions naming this issue, 2014–2023 2 sentences 2023We have explained that the reason for this rule is that “instructing the jury on legal principles that cannot rationally be applied to the facts presented at trial may confuse them and place obstacles in the path of a just verdict.” Commonwealth v. Taylor, 583 Pa. 170 , 876 A.2d 916 , 925–26 (2005) (quoting Commonwealth v. White, 490 Pa. 179 , 415 A.2d 399, 400 (1980)). 2023We have explained that the reason for this rule is that “instructing the jury on legal principles that cannot rationally be applied to the facts presented at trial may confuse them and place obstacles in the path of a just verdict.” Commonwealth v. Taylor, 583 Pa. 170 , 876 A.2d 916 , 925–26 (2005) (quoting Commonwealth v. White, 490 Pa. 179 , 415 A.2d 399, 400 (1980)).	4	7
Commonwealth v. Lightfootgreen pa · 1994 · cited in 4 Pennsylvania opinions naming this issue, 2002–2019 2 sentences 2018Hence, "[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," [ Commonwealth v. ] DeMarco , 570 Pa. [263,] 271, 809 A.2d [256,] 261 [ (2002) ] ; 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 2018Hence, "[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," [ Commonwealth v. ] DeMarco , 570 Pa. [263,] 271, 809 A.2d [256,] 261 [ (2002) ] ; 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	3	4
Commonwealth v. Borgellagreen pa · 1992 · cited in 3 Pennsylvania opinions naming this issue, 2007–2026 2 sentences 2018Hence, "[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," [ Commonwealth v. ] DeMarco , 570 Pa. [263,] 271, 809 A.2d [256,] 261 [ (2002) ] ; 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 2018Hence, "[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," [ Commonwealth v. ] DeMarco , 570 Pa. [263,] 271, 809 A.2d [256,] 261 [ (2002) ] ; 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	3	3
Commonwealth v. Weiskergergreen pa · 1989 · cited in 2 Pennsylvania opinions naming this issue, 2007–2018 2 sentences 2018Hence, "[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," [ Commonwealth v. ] DeMarco , 570 Pa. [263,] 271, 809 A.2d [256,] 261 [ (2002) ] ; 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 2018Hence, "[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," [ Commonwealth v. ] DeMarco , 570 Pa. [263,] 271, 809 A.2d [256,] 261 [ (2002) ] ; 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	1	2
Commonwealth v. Hairstongreen pa · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022 2 sentences 2022“Where 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.” Commonwealth v. Hairston, 84 A.3d 657, 668 (Pa. 2014) (citation omitted). “[I]nstructing the jury on legal principles that cannot rationally be applied to the facts presented at trial may confuse them and place obstacles in the path of a just verdict.” Id. (citation omitted). 2022“Where 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.” Commonwealth v. Hairston, 84 A.3d 657, 668 (Pa. 2014) (citation omitted). “[I]nstructing the jury on legal principles that cannot rationally be applied to the facts presented at trial may confuse them and place obstacles in the path of a just verdict.” Id. (citation omitted).	1	1
Commonwealth v. Roxberrygreen pa · 1992 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021 1 sentence 2021Accord Commonwealth v. Roxberry, 602 A.2d 826, 828 (Pa. 1992) (holding counsel was ineffective in failing to object to the absence of an alibi jury instruction upon rejecting the Commonwealth’s argument that the defendant’s alibi testimony was not corroborated, stating “[b]ecause credibility is indisputably the exclusive province of the jury, we cannot properly permit a judge, under the guise of exercising discretion, to remove the alibi issue from the jury merely because the judge finds the evidence incredible”); Commonwealth v. Weber, 189 A.3d 1016, 1026 (Pa.Super. 2018) (holding that trial	1	1
Commonwealth v. Webergreen pasuperct · 2018 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021 1 sentence 2021Accord Commonwealth v. Roxberry, 602 A.2d 826, 828 (Pa. 1992) (holding counsel was ineffective in failing to object to the absence of an alibi jury instruction upon rejecting the Commonwealth’s argument that the defendant’s alibi testimony was not corroborated, stating “[b]ecause credibility is indisputably the exclusive province of the jury, we cannot properly permit a judge, under the guise of exercising discretion, to remove the alibi issue from the jury merely because the judge finds the evidence incredible”); Commonwealth v. Weber, 189 A.3d 1016, 1026 (Pa.Super. 2018) (holding that trial	1	1
Com. v. Washingtongreen pa · 1997 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021 1 sentence 2021Conversely, “jury instructions regarding particular crimes or defenses are not warranted where the facts of - 13 - J-S14009-21 the case do not support those instructions.” Commonwealth v. Washington, 692 A.2d 1024, 1028 (Pa. 1997).	1	1
Commonwealth v. Clousergreen pasuperct · 2010 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015 1 sentence 2015“Where 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 -9- J-A10029-15 supported by evidence in the record.” Commonwealth v. Clouser, 998 A.2d 656, 658 (Pa. Super. 2010) (citation omitted), appeal denied, 26 A.3d 1100 (Pa. 2011).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (4)

Case	Cited	Years
Com. v. Arroyo green pa · 2011 2 sentences 2015“Where 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 -9- J-A10029-15 supported by evidence in the record.” Commonwealth v. Clouser, 998 A.2d 656, 658 (Pa. Super. 2010) (citation omitted), appeal denied, 26 A.3d 1100 (Pa. 2011). 2015Further, “[w]hen there is evidence to support the defense, 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.” Id. (citation omitted).	1	2015–2015
Commonwealth v. Capitolo green pa · 1985 2 sentences 2010Commonwealth v. DeMarco, 570 Pa. 263, 271 , 809 A.2d 256, 260-61 (2002) (citations and quotation omitted). ¶ 8 Section 503 of the Pennsylvania Crimes Code provides: (a) General rule. — Conduct which the actor believes to be necessary to avoid a harm or evil to himself or to another is justifiable if: (1) the harm or evil sought to be avoided by such conduct is greater than that sought to be prevented by the law defining the offense charged; (2) neither this title nor other law defining the offense provides exceptions or defenses dealing with the specific situation involved; and 659 (3) a legi 2010Commonwealth v. DeMarco, 570 Pa. 263, 271 , 809 A.2d 256, 260-61 (2002) (citations and quotation omitted). ¶ 8 Section 503 of the Pennsylvania Crimes Code provides: (a) General rule. — Conduct which the actor believes to be necessary to avoid a harm or evil to himself or to another is justifiable if: (1) the harm or evil sought to be avoided by such conduct is greater than that sought to be prevented by the law defining the offense charged; (2) neither this title nor other law defining the offense provides exceptions or defenses dealing with the specific situation involved; and 659 (3) a legi	1	2010–2010
Commonwealth v. Pressel green pasuperct · 1961 2 sentences 1996In support of his proposition that the testimony of one accomplice cannot be corroborated by that of another accomplice, appellant relies on Commonwealth v. Bennett, 220 Pa.Super. 378 , 283 A.2d 724 (1971), and Commonwealth v. Pressel, 194 Pa.Super. 367 , 168 A.2d 779 (1961), in which the Superior Court held that, where a defendant requests a jury instruction that the testimony of one accomplice can not be used to corroborate the testimony of another accomplice, it is reversible error to deny the request. 25 However, because appellant never requested such a charge, the question at issue is whe 1996In support of his proposition that the testimony of one accomplice cannot be corroborated by that of another accomplice, appellant relies on Commonwealth v. Bennett, 220 Pa.Super. 378 , 283 A.2d 724 (1971), and Commonwealth v. Pressel, 194 Pa.Super. 367 , 168 A.2d 779 (1961), in which the Superior Court held that, where a defendant requests a jury instruction that the testimony of one accomplice can not be used to corroborate the testimony of another accomplice, it is reversible error to deny the request. 25 However, because appellant never requested such a charge, the question at issue is whe	1	1996–1996
Commonwealth v. Bennett green pasuperct · 1971 2 sentences 1996In support of his proposition that the testimony of one accomplice cannot be corroborated by that of another accomplice, appellant relies on Commonwealth v. Bennett, 220 Pa.Super. 378 , 283 A.2d 724 (1971), and Commonwealth v. Pressel, 194 Pa.Super. 367 , 168 A.2d 779 (1961), in which the Superior Court held that, where a defendant requests a jury instruction that the testimony of one accomplice can not be used to corroborate the testimony of another accomplice, it is reversible error to deny the request. 25 However, because appellant never requested such a charge, the question at issue is whe 1996In support of his proposition that the testimony of one accomplice cannot be corroborated by that of another accomplice, appellant relies on Commonwealth v. Bennett, 220 Pa.Super. 378 , 283 A.2d 724 (1971), and Commonwealth v. Pressel, 194 Pa.Super. 367 , 168 A.2d 779 (1961), in which the Superior Court held that, where a defendant requests a jury instruction that the testimony of one accomplice can not be used to corroborate the testimony of another accomplice, it is reversible error to deny the request. 25 However, because appellant never requested such a charge, the question at issue is whe	1	1996–1996

Statutes the citing opinions construe

PA § 18 Pa. Cons. Stat. § 2502 (4) PA § 18 Pa. Cons. Stat. § 309 (3) PA § 18 Pa. Cons. Stat. § 505 (3) PA § 42 Pa. Cons. Stat. § 9711 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MI 38 (2002–2026) PA 23 (1996–2026) TX 15 (1985–2022) IN 6 (2004–2019) UT 4 (1995–2008) NJ 4 (2015–2026) GA 2 (2024–2025) LA 2 (1993–1993) NC 2 (1996–2007)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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