event defense in Pennsylvania

2021When the trial court provides cautionary instructions to the jury in the event the defense raises a motion for mistrial, “[t]he law presumes that the jury will follow the instructions of the court.” Commonwealth v. Brown, 567 Pa. 272, 289 , 786 A.2d 961, 971 (2001) (citation omitted), cert. denied, 537 U.S. 1187 , 123 S.Ct. 1351 , 154 L.Ed.2d 1018 (2003).

2016When the trial court provides cautionary instructions to the jury in the event the defense raises a motion for a mistrial, “[t]he law presumes that the jury will follow the instructions of the court.” Commonwealth v. Brown, 786 A.2d 961, 971 (Pa. 2001) (citation omitted), cert. denied, 537 U.S. 1187 (2003).

1982In the event that at that hearing the allegation of perjury or reckless disregard is established by the defendant by a preponderance of the evidence, and, with the affidavit’s false material set to one side, the affidavit’s remaining content is insufficient to establish probable cause, the search warrant must be voided and the fruits of the search excluded to the same extent as if probable cause was lacking on the face of the affidavit. 438 U.S. at 157 , 98 S.Ct. at 2676 , 57 L.Ed.2d at 672 .

1982In the event that at that hearing the allegation of perjury or reckless disregard is established by the defendant by a preponderance of the evidence, and, with the affidavit’s false material set to one side, the affidavit’s remaining content is insufficient to establish probable cause, the search warrant must be voided and the fruits of the search excluded to the same extent as if probable cause was lacking on the face of the affidavit. 438 U.S. at 157 , 98 S.Ct. at 2676 , 57 L.Ed.2d at 672 .

2021When the trial court provides cautionary instructions to the jury in the event the defense raises a motion for mistrial, “[t]he law presumes that the jury will follow the instructions of the court.” Commonwealth v. Brown, 567 Pa. 272, 289 , 786 A.2d 961, 971 (2001) (citation omitted), cert. denied, 537 U.S. 1187 , 123 S.Ct. 1351 , 154 L.Ed.2d 1018 (2003).

2015When the trial court provides cautionary instructions to the jury in the event the defense raises a motion for mistrial, “[t]he law presumes that the jury will follow the instructions of the court.” Commonwealth v. Brown, 567 Pa. 272, 289 , 786 A.2d 961, 971 (2001) (citation omitted), cert. denied, 537 U.S. 1187 , 123 S.Ct. 1351 , 154 L.Ed.2d 1018 (2003).

2021When the trial court provides cautionary instructions to the jury in the event the defense raises a motion for mistrial, “[t]he law presumes that the jury will follow the instructions of the court.” Commonwealth v. Brown, 567 Pa. 272, 289 , 786 A.2d 961, 971 (2001) (citation omitted), cert. denied, 537 U.S. 1187 , 123 S.Ct. 1351 , 154 L.Ed.2d 1018 (2003).

2015When the trial court provides cautionary instructions to the jury in the event the defense raises a motion for mistrial, “[t]he law presumes that the jury will follow the instructions of the court.” Commonwealth v. Brown, 567 Pa. 272, 289 , 786 A.2d 961, 971 (2001) (citation omitted), cert. denied, 537 U.S. 1187 , 123 S.Ct. 1351 , 154 L.Ed.2d 1018 (2003).

2020A21037/20 cautionary instructions to the jury in the event the defense raises a motion for a mistrial, [t]he law presumes that the jury will follow the instructions of the court.” Commonwealth v. Parker, 957 A.2d 311, 319 (Pa.Super. 2008) (citation and internal quotation marks omitted), appeal denied, 966 A.2d 571 (Pa. 2009).

2019Further, “[w]hen the trial court provides cautionary instructions to the jury in the event the defense raises a motion for a mistrial, [t]he law presumes that the jury will follow the instructions of the court.” Commonwealth v. Parker, 957 A.2d 311, 319 (Pa. Super. 2008), appeal denied, 966 A.2d 571 (Pa. 2009) (citation and internal quotation marks omitted).

2024McNaughton Prop., LP, 981 A.2d at 224 .

2024McNaughton Prop., LP, 981 A.2d at 224 .

2019Id. (internal citations and quotation marks omitted).

2015Nonetheless, the Court addresses the merits of Defendant's argument in the event that waiver is not found. 15 Circulated 10/13/2015 11:03 AM After the trial court reached its decision in Olivo, the Commonwealth appealed; the case is currently in front of the Pennsylvania Supreme Court.8 Despite the fact that Olivo is currently before the Pennsylvania Supreme Court, the Superior Court has recently ruled directly on this issue in Com. v. Carter, 111 A.3d 1221 (Pa. Super. 2015).

2015There, the Commonwealth called Carol Haupt as an expert to testify "that it is common for child sexual abuse victims to delay in reporting." Id. at 1223 .

2008In Zabala , the arresting detective testified that “he knew the defendant and knew where the defendant lived.” 449 A.2d at 586 .

2008Consistent with the above, in the training class McMahon indicates, among other things, that: he attempts to obtain a jury that is as “unfair” as possible; in his efforts to secure a conviction-friendly jury, he adheres to a set of jury-selection principles that are, in large part, based on race and gender; 1 in light of Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986), he asks African American prospective jurors various questions designed to provide him with a pretextual, race-neutral basis for exercising a race-based peremptory strike in the event defense counsel chall

2008Consistent with the above, in the training class McMahon indicates, among other things, that: he attempts to obtain a jury that is as “unfair” as possible; in his efforts to secure a conviction-friendly jury, he adheres to a set of jury-selection principles that are, in large part, based on race and gender; 1 in light of Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986), he asks African American prospective jurors various questions designed to provide him with a pretextual, race-neutral basis for exercising a race-based peremptory strike in the event defense counsel chall

2005Significantly, “ [i]n the event that a warning is inadequate, proximate cause is not presumed.” Id.

2001In Kyles v. Whitley, 514 U.S. 419 , 115 S.Ct. 1555 , 131 L.Ed.2d 490 (1995), the United States Supreme Court specifically rejected the notion that Brady does not apply to evidence “known only to police investigators and not to the prosecutor.” Kyles, 514 U.S. at 438 , 115 S.Ct. 1555 ; see also Strickler v. Greene, 527 U.S. 263, 280-81 , 119 S.Ct. 1936 , 144 L.Ed.2d 286 (1999).

2001In Kyles v. Whitley, 514 U.S. 419 , 115 S.Ct. 1555 , 131 L.Ed.2d 490 (1995), the United States Supreme Court specifically rejected the notion that Brady does not apply to evidence “known only to police investigators and not to the prosecutor.” Kyles, 514 U.S. at 438 , 115 S.Ct. 1555 ; see also Strickler v. Greene, 527 U.S. 263, 280-81 , 119 S.Ct. 1936 , 144 L.Ed.2d 286 (1999).

2000Next, the Pennsylvania Supreme Court decided Hart v. Nationwide Insurance Company, 541 Pa. 419 , 663 A.2d 682 (1995) again enforcing the household exclusion to deny insurance coverage.

2000Next, the Pennsylvania Supreme Court decided Hart v. Nationwide Insurance Company, 541 Pa. 419 , 663 A.2d 682 (1995) again enforcing the household exclusion to deny insurance coverage.

1991Also, the School District contends that in the event that immunity under the RUA does not apply, it is still not subject to liability based upon our decision in Crowell v. *692 City of Philadelphia, 131 Pa.Commonwealth Ct. 418, 570 A.2d 626 , appeal granted, 525 Pa. 550 , 582 A.2d 1311 (1990).