allegedly erroneous jury instruction (Pennsylvania) · Go Syfert
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allegedly erroneous jury instruction in Pennsylvania

13 Pennsylvania opinions name it 2 courts 1985–2024 2 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 (9)

CaseFollowedCited
Commonwealth v. Sherwoodgreen
pa · 2009 · cited in 4 Pennsylvania opinions naming this issue, 2014–2024
2 sentences

2024See also Commonwealth v. Sherwood, 982 A.2d 483 , 505 (Pa. 2009) (citing Pa.R.Crim.P. 647(B)); Commonwealth v. Montalvo, 956 A.2d at 935-936 (Pa. 2008) (holding that the law is clear that in order to preserve a claim -8- J-S01008-24 predicated on an allegedly erroneous jury instruction, a litigant must raise an objection before the jury retires to deliberate).

2024See also Commonwealth v. Sherwood, 982 A.2d 483, 505 (Pa. 2009) (citing Pa.R.Crim.P. 647(B)); Commonwealth v. Montalvo, 956 A.2d at 935-936 (Pa. 2008) (holding that the law is clear that in order to preserve a claim -8- J-S01008-24 predicated on an allegedly erroneous jury instruction, a litigant must raise an objection before the jury retires to deliberate).

44
Commonwealth v. Zettlemoyergreen
pa · 1982 · cited in 4 Pennsylvania opinions naming this issue, 1985–1994
2 sentences

1992"The guiding principle in reviewing an allegedly erroneous jury instruction is that the charge is to be read in its entirety." Commonwealth v. Zettlemoyer, 500 Pa. 16, 46 , 454 A.2d 937, 953 (1982) cert. denied 461 U.S. 970 , 103 S.Ct. 2444 , 77 L.Ed.2d 1327 (1983) (citing Commonwealth v. Woodward, 483 Pa. 1 , 394 A.2d 508 (1978)); Commonwealth v. Edwards, 521 Pa. 134, 161 , 555 A.2d 818 (1989).

1992"The guiding principle in reviewing an allegedly erroneous jury instruction is that the charge is to be read in its entirety." Commonwealth v. Zettlemoyer, 500 Pa. 16, 46 , 454 A.2d 937, 953 (1982) cert. denied 461 U.S. 970 , 103 S.Ct. 2444 , 77 L.Ed.2d 1327 (1983) (citing Commonwealth v. Woodward, 483 Pa. 1 , 394 A.2d 508 (1978)); Commonwealth v. Edwards, 521 Pa. 134, 161 , 555 A.2d 818 (1989).

24
Commonwealth v. Betzgreen
pasuperct · 1995 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
1 sentence

2015See also Commonwealth v. Betz, 664 A.2d 600, 606 (Pa. Super. 1995) (applying then Pa.R.Crim.P. 1119 (renumbered Pa.R.Crim.P. 647) and finding waiver for failure to make specific timely objection to supplemental jury instruction before the jury returned to deliberations, even if the jury charge is palpably in error).

11
Commonwealth v. Parkergreen
pasuperct · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
1 sentence

2015See Parker, supra at 29 ; Gibbs, supra at 281 .

11
Commonwealth v. Duffeygreen
pa · 2005 · cited in 1 Pennsylvania opinions naming this issue, 2008–2008
2 sentences

2008Similar to the procedural posture of the present case, the allegedly erroneous jury instruction in Commonwealth v. Duffey, 585 Pa. 493 , 889 A.2d 56, 71 (2005) was given prior to the High Court’s decision in Mills and the direct appeal was issued after it.

2008Similar to the procedural posture of the present case, the allegedly erroneous jury instruction in Commonwealth v. Duffey, 585 Pa. 493 , 889 A.2d 56, 71 (2005) was given prior to the High Court’s decision in Mills and the direct appeal was issued after it.

11
Commonwealth v. Prosdocimogreen
pa · 1990 · cited in 1 Pennsylvania opinions naming this issue, 1994–1994
2 sentences

1994Commonwealth v. Zettlemoyer, 500 Pa. 16, 46 , 454 A.2d 937, 953 (1982); Commonwealth v. Prosdocimo, 525 Pa. 147, 150 , 578 A.2d 1273, 1274 (1990).

1994Commonwealth v. Zettlemoyer, 500 Pa. 16, 46 , 454 A.2d 937, 953 (1982); Commonwealth v. Prosdocimo, 525 Pa. 147, 150 , 578 A.2d 1273, 1274 (1990).

11
Commonwealth v. Persongreen
pa · 1985 · cited in 1 Pennsylvania opinions naming this issue, 1992–1992
2 sentences

1992"A court's charge to the jury will be *403 upheld if it adequately and accurately reflects the law and was sufficient to guide the jury properly in its deliberations." Commonwealth v. Dykes, 373 Pa.Super. 258, 263 , 541 A.2d 1, 3 (1988), allocatur denied, 520 Pa. 602 , 553 A.2d 965 (1988) (quoting Commonwealth v. Person, 345 Pa.Super. 341, 345 , 498 A.2d 432, 434 (1985)).

1992"A court's charge to the jury will be *403 upheld if it adequately and accurately reflects the law and was sufficient to guide the jury properly in its deliberations." Commonwealth v. Dykes, 373 Pa.Super. 258, 263 , 541 A.2d 1, 3 (1988), allocatur denied, 520 Pa. 602 , 553 A.2d 965 (1988) (quoting Commonwealth v. Person, 345 Pa.Super. 341, 345 , 498 A.2d 432, 434 (1985)).

11
Commonwealth v. Dykesgreen
pa · 1988 · cited in 1 Pennsylvania opinions naming this issue, 1992–1992
2 sentences

1992"A court's charge to the jury will be *403 upheld if it adequately and accurately reflects the law and was sufficient to guide the jury properly in its deliberations." Commonwealth v. Dykes, 373 Pa.Super. 258, 263 , 541 A.2d 1, 3 (1988), allocatur denied, 520 Pa. 602 , 553 A.2d 965 (1988) (quoting Commonwealth v. Person, 345 Pa.Super. 341, 345 , 498 A.2d 432, 434 (1985)).

1992"A court's charge to the jury will be *403 upheld if it adequately and accurately reflects the law and was sufficient to guide the jury properly in its deliberations." Commonwealth v. Dykes, 373 Pa.Super. 258, 263 , 541 A.2d 1, 3 (1988), allocatur denied, 520 Pa. 602 , 553 A.2d 965 (1988) (quoting Commonwealth v. Person, 345 Pa.Super. 341, 345 , 498 A.2d 432, 434 (1985)).

11
Commonwealth v. Kellygreen
pa · 1987 · cited in 1 Pennsylvania opinions naming this issue, 1991–1991
2 sentences

1991See Kelly, 365 Pa.Super. at 36-37 , 528 A.2d at 1350 . *548 The matters which appellants sought to raise pertained to an allegedly erroneous jury instruction.

1991See Kelly, 365 Pa.Super. at 36-37 , 528 A.2d at 1350 . *548 The matters which appellants sought to raise pertained to an allegedly erroneous jury instruction.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
Rolls-Royce Ltd. v. Nalls green
scotus · 1983
2 sentences

1992"The guiding principle in reviewing an allegedly erroneous jury instruction is that the charge is to be read in its entirety." Commonwealth v. Zettlemoyer, 500 Pa. 16, 46 , 454 A.2d 937, 953 (1982) cert. denied 461 U.S. 970 , 103 S.Ct. 2444 , 77 L.Ed.2d 1327 (1983) (citing Commonwealth v. Woodward, 483 Pa. 1 , 394 A.2d 508 (1978)); Commonwealth v. Edwards, 521 Pa. 134, 161 , 555 A.2d 818 (1989).

1992"The guiding principle in reviewing an allegedly erroneous jury instruction is that the charge is to be read in its entirety." Commonwealth v. Zettlemoyer, 500 Pa. 16, 46 , 454 A.2d 937, 953 (1982) cert. denied 461 U.S. 970 , 103 S.Ct. 2444 , 77 L.Ed.2d 1327 (1983) (citing Commonwealth v. Woodward, 483 Pa. 1 , 394 A.2d 508 (1978)); Commonwealth v. Edwards, 521 Pa. 134, 161 , 555 A.2d 818 (1989).

21985–1992
Commonwealth v. Gibbs green
pasuperct · 2009
1 sentence

2015See Parker, supra at 29 ; Gibbs, supra at 281 .

12015–2015
Commonwealth v. Montalvo green
pa · 2008
1 sentence

2015See Commonwealth v. Sherwood, 982 A.2d 483, 505 (Pa. 2009) (citing Pa.R.Crim.P. 647(B); Commonwealth v. Montalvo, 956 A.2d 926 , 935- 936 (Pa. 2008) (holding that the law is clear that, in order to preserve a claim predicated on an allegedly erroneous jury instruction, a litigant must - 11 - J-S20021-15 raise an objection before the jury retires to deliberate)).

12015–2015
Commonwealth v. Thompson green
pa · 1994
2 sentences

1996Thompson, 538 Pa. at 307 , 648 A.2d at 320 .

1996Thompson, 538 Pa. at 307 , 648 A.2d at 320 .

11996–1996
Butler v. KIWI, SA green
pasuperct · 1992
2 sentences

1993Butler v. Kiwi S.A., supra 412 Pa.Super. at 596 , 604 A.2d at 272 .

1993Butler v. Kiwi S.A., supra 412 Pa.Super. at 596 , 604 A.2d at 272 .

11993–1993
Commonwealth v. Woodward green
pa · 1978
2 sentences

1992"The guiding principle in reviewing an allegedly erroneous jury instruction is that the charge is to be read in its entirety." Commonwealth v. Zettlemoyer, 500 Pa. 16, 46 , 454 A.2d 937, 953 (1982) cert. denied 461 U.S. 970 , 103 S.Ct. 2444 , 77 L.Ed.2d 1327 (1983) (citing Commonwealth v. Woodward, 483 Pa. 1 , 394 A.2d 508 (1978)); Commonwealth v. Edwards, 521 Pa. 134, 161 , 555 A.2d 818 (1989).

1992"The guiding principle in reviewing an allegedly erroneous jury instruction is that the charge is to be read in its entirety." Commonwealth v. Zettlemoyer, 500 Pa. 16, 46 , 454 A.2d 937, 953 (1982) cert. denied 461 U.S. 970 , 103 S.Ct. 2444 , 77 L.Ed.2d 1327 (1983) (citing Commonwealth v. Woodward, 483 Pa. 1 , 394 A.2d 508 (1978)); Commonwealth v. Edwards, 521 Pa. 134, 161 , 555 A.2d 818 (1989).

11992–1992
Commonwealth v. Edwards green
pa · 1989
2 sentences

1992"The guiding principle in reviewing an allegedly erroneous jury instruction is that the charge is to be read in its entirety." Commonwealth v. Zettlemoyer, 500 Pa. 16, 46 , 454 A.2d 937, 953 (1982) cert. denied 461 U.S. 970 , 103 S.Ct. 2444 , 77 L.Ed.2d 1327 (1983) (citing Commonwealth v. Woodward, 483 Pa. 1 , 394 A.2d 508 (1978)); Commonwealth v. Edwards, 521 Pa. 134, 161 , 555 A.2d 818 (1989).

1992"The guiding principle in reviewing an allegedly erroneous jury instruction is that the charge is to be read in its entirety." Commonwealth v. Zettlemoyer, 500 Pa. 16, 46 , 454 A.2d 937, 953 (1982) cert. denied 461 U.S. 970 , 103 S.Ct. 2444 , 77 L.Ed.2d 1327 (1983) (citing Commonwealth v. Woodward, 483 Pa. 1 , 394 A.2d 508 (1978)); Commonwealth v. Edwards, 521 Pa. 134, 161 , 555 A.2d 818 (1989).

11992–1992

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9711 (5)

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

GA 32 (2005–2025) OH 16 (1998–2019) PA 13 (1985–2024) LA 12 (1989–2024) WI 7 (1994–2025) UT 4 (2013–2026) IN 2 (2013–2019) MI 2 (1975–2020) NC 2 (1999–2014) MD 2 (1991–2011)

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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