request for a jury instruction in Pennsylvania

2024It is well settled that “[a] trial court’s denial of a request for a jury instruction is disturbed on appeal only if there was an abuse of discretion or an error of law.” Commonwealth v. Johnson, 107 A.3d 52, 89 (Pa. 2014) (citation omitted).

2024It is well settled that “[a] trial court’s denial of a request for a jury instruction is disturbed on appeal only if there was an abuse of discretion or an error of law.” Commonwealth v. Johnson, 107 A.3d 52, 89 (Pa. 2014) (citation omitted).

2016“A trial court’s denial of a request for a jury instruction is disturbed on appeal only if there was an abuse of discretion or an error of law.” Commonwealth v. Johnson, 107 A.3d 52, 89 (Pa. 2014), cert. denied, 136 S. Ct. 43 (U.S. 2015). - 25 - J-A05019-16 Here, the trial court found the following: [Akes] asserts that th[e trial c]ourt committed irreversible error by allowing the standard accomplice instruction because “it was prejudicial towards [Akes] because the Commonwealth had never charged him as an accomplice, another person had equal access to the illegal narcotics, [Akes] was charged

2016See Commonwealth v. Johnson, 107 A.3d 52, 89 (Pa. 2014), cert. denied, 136 S.Ct. 43 (2015) (“A trial court’s denial of a request for a jury instruction is disturbed on appeal only if there was an abuse of discretion or an error of law.”) (citation omitted).

2024“The mere submission and subsequent denial of proposed points for charge that are inconsistent with or omitted from the instructions actually given will not suffice to preserve an issue, absent a specific objection or exception to the charge or the trial court’s ruling respecting the points.” Commonwealth v. Pressley, 584 Pa. 624 , 887 A.2d 220, 225 (2005).

2020In order to preserve a claim of error regarding the denial of a request for a jury instruction, Pennsylvania Rule of Criminal Procedure 647 requires that a party make “specific objections [ ] thereto before the jury retires to deliberate.” Pa.R.Crim.P. 647(C). “[T]he mere submission and subsequent -6- J-S19024-20 denial of proposed points for charge that are inconsistent with or omitted from the instructions actually given will not suffice to preserve an issue, absent a specific objection or exception to the charge or the trial court’s ruling respecting the points.” Commonwealth v. Pressley, 8

2024“In reviewing a challenge to the trial court’s refusal to give a specific jury instruction, it is the function of this Court to determine whether the record supports the trial court’s decision.” Commonwealth v. Sandusky, 77 A.3d 663, 667 (Pa. Super. 2013) (citation omitted). - 12 - J-S12013-24 “The defense of diminished capacity, whether grounded in mental defect or voluntary intoxication, is an extremely limited defense available only to defendants who admit criminal liability but contest the degree of culpability based upon an inability to formulate the specific intent to kill.” Commonwealth

2024“In reviewing a challenge to the trial court’s refusal to give a specific jury instruction, it is the function of this Court to determine whether the record supports the trial court’s decision.” Commonwealth v. Sandusky, 77 A.3d 663, 667 (Pa. Super. 2013) (citation omitted). - 12 - J-S12013-24 “The defense of diminished capacity, whether grounded in mental defect or voluntary intoxication, is an extremely limited defense available only to defendants who admit criminal liability but contest the degree of culpability based upon an inability to formulate the specific intent to kill.” Commonwealth

2023Commonwealth v. Parker, 104 A.3d 17, 29 (Pa. Super. 2014).

2022See Commonwealth v. Baker, 963 A.2d 495, 505-06 (Pa. Super. 2008) (holding that an appellant does not preserve an objection to a jury instruction where he states a request for a jury instruction but does not object to the instruction the trial court gives). - 13 - J-S22033-22 authorities.

2022See Commonwealth v. Tha, 64 A.3d 704, 714 (Pa. Super. 2013).

2018See Commonwealth v. Thompson, 93 A.3d 478, 490-91 (Pa. Super. 2014) (stating that a weight of evidence claim must be preserved either in a written or oral pre-sentence motion, or in a post-sentence motion). 5 Even if the issue was preserved for our consideration, it is without merit based on the sound reasoning advanced by the trial court.

2016“It is axiomatic that ‘jury instructions … are not warranted unless there is evidence to support such instructions.’” Commonwealth v. Milligan, 693 A.2d 1313, 1318 (citation omitted).

2014Commonwealth v. Galvin, 603 Pa. 625 , 985 A.2d 783, 798-799 (2009).

2014Commonwealth v. Galvin, 603 Pa. 625 , 985 A.2d 783, 798-799 (2009).