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10 Pennsylvania opinions name it 1 courts 2016–2026 3 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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Sanduskygreen2 sentences2020“Even where a defendant objects to specific conduct, the failure to request a remedy such as a mistrial or curative instruction is sufficient to constitute waiver.” Commonwealth v. Sandusky, 77 A.3d 663, 670 (Pa.Super. 2013) (citation omitted). 2018Commonwealth v. Sandusky, 77 A.3d 663, 670 (Pa. Super. 2013) (noting that “[e]ven where a defendant objects to specific conduct, the failure to request a remedy such as a mistrial or curative instruction is sufficient to constitute waiver”); see also Commonwealth v. Brown, 134 A.3d 1097, 1107 (Pa. Super. 2016), appeal denied, 145 A.3d 161 (Pa. 2016) (same). | 3 | 3 |
Commonwealth v. Sanduskygreen1 sentence2026See id. | 1 | 1 |
Com. v. Rivera, W.green1 sentence2022See Commonwealth v. Rivera, 238 A.3d 482, 499 (Pa. Super. 2020) (holding that this Court cannot review a legal theory offered in support of a claim where that theory was not presented to the trial court). - 10 - J-A09027-22 670 (Pa. Super. 2013) (holding that even where a defendant objects to specific conduct, his failure to request a specific remedy such as a mistrial or a curative instruction is sufficient to constitute waiver). | 1 | 1 |
Commonwealth v. Jonesgreen1 sentence2021See Commonwealth v. Powell, 956 A.2d 406, 423 (Pa. 2008); see also Commonwealth v. Jones, 460 A.2d 739, 741 (Pa. 1983) (holding that, even where defense counsel immediately objected to the prosecutor’s conduct, a claim of prosecutorial misconduct is waived where defense counsel failed to request mistrial or curative instructions) Here, Moats failed to direct this Court to the place in the record where he preserved his claim in the trial court by raising an objection to the purported prosecutorial misconduct, and by thereafter moving for a mistrial or a curative instruction. | 1 | 1 |
Commonwealth v. Powellgreen1 sentence2021See Commonwealth v. Powell, 956 A.2d 406, 423 (Pa. 2008); see also Commonwealth v. Jones, 460 A.2d 739, 741 (Pa. 1983) (holding that, even where defense counsel immediately objected to the prosecutor’s conduct, a claim of prosecutorial misconduct is waived where defense counsel failed to request mistrial or curative instructions) Here, Moats failed to direct this Court to the place in the record where he preserved his claim in the trial court by raising an objection to the purported prosecutorial misconduct, and by thereafter moving for a mistrial or a curative instruction. | 1 | 1 |
Commonwealth v. Colegreen1 sentence2020See Commonwealth v. Cole, 167 A.3d 49, 77 (Pa.Super. 2017), appeal denied, 186 A.3d 370 (Pa. 2018); Pa.R.A.P. 302(a) (“[i]ssues not raised in the lower court are waived and cannot be raised for the first time on appeal.”). | 1 | 1 |
Commonwealth v. Machicote, A., Petgreen1 sentence2020See Commonwealth v. Cole, 167 A.3d 49, 77 (Pa.Super. 2017), appeal denied, 186 A.3d 370 (Pa. 2018); Pa.R.A.P. 302(a) (“[i]ssues not raised in the lower court are waived and cannot be raised for the first time on appeal.”). | 1 | 1 |
In re A.M.A.green1 sentence2018Commonwealth v. Sandusky, 77 A.3d 663, 670 (Pa. Super. 2013) (noting that “[e]ven where a defendant objects to specific conduct, the failure to request a remedy such as a mistrial or curative instruction is sufficient to constitute waiver”); see also Commonwealth v. Brown, 134 A.3d 1097, 1107 (Pa. Super. 2016), appeal denied, 145 A.3d 161 (Pa. 2016) (same). | 1 | 1 |
Commonwealth v. Browngreen1 sentence2018Commonwealth v. Sandusky, 77 A.3d 663, 670 (Pa. Super. 2013) (noting that “[e]ven where a defendant objects to specific conduct, the failure to request a remedy such as a mistrial or curative instruction is sufficient to constitute waiver”); see also Commonwealth v. Brown, 134 A.3d 1097, 1107 (Pa. Super. 2016), appeal denied, 145 A.3d 161 (Pa. 2016) (same). | 1 | 1 |
Commonwealth v. Chimentigreen1 sentence2017See Commonwealth v. Chimenti, 524 A.2d 913, 921 (Pa.Super. 1987) (citation omitted) (reiterating that where defense counsel objects but fails to request a mistrial or a curative instruction when an alleged prejudicial event occurs, the issue is not preserved for appellate review). | 1 | 1 |
Commonwealth v. Strunkgreen1 sentence2016See Commonwealth v. Strunk, 953 A.2d 577, 579 (Pa. Super. 2008) (“Even where a defendant objects to specific conduct, the failure to request a remedy such as a mistrial or a curative instruction is sufficient to constitute waiver.”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hill v. Reynolds
green
1 sentence2018Hill v. Reynolds, 557 A.2d 759 , 765–66 (Pa. Super. 1989). -7- J-A22008-17 Preliminarily, Defendants contend that Wilson waived any right to seek a new trial because she did not request a mistrial or a curative instruction. | 1 | 2018–2018 |
Tagnani v. Lew
green
1 sentence2018Defendants rely upon Tagnani v. Lew, 426 A.2d 595 (Pa. 1981), for the proposition that when an objection to a question is sustained, and the party does not seek a curative instruction or a mistrial, the party has not preserved the right to subsequently seek a new trial on that ground. | 1 | 2018–2018 |
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.