alibi jury instruction (Pennsylvania) · Go Syfert
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alibi jury instruction in Pennsylvania

7 Pennsylvania opinions name it 1 courts 2018–2025 6 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 (8)

CaseFollowedCited
Commonwealth v. Servichgreen
pasuperct · 1992 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025Indeed, the trial court has “broad discretion in choosing an appropriate remedy[.]” Commonwealth v. Servich, 602 A.2d 1338, 1343 (Pa. Super. 1992) (internal citation omitted).

11
Commonwealth v. Poindextergreen
pasuperct · 1994 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025The rule “clearly enables the trial court to take whatever action is within the interests of justice, when no notice is properly provided as to the alibi defense.” Id. at 1221 (affirming denial of an alibi jury instruction following the defendant’s failure to provide the required notice).

11
Commonwealth v. Naumangreen
pa · 1985 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023Commonwealth y_ v. Nauman, 498 A.2d 913, 916 (Pa. Super. 1985).

11
Wright v. Commonwealthgreen
pa · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022Appellant’s Brief at 3. “[A]n appellate court reviews the PCRA court’s findings of fact to determine whether they are supported by the record, and reviews its conclusions of law to determine whether they are free from legal error.” Commonwealth v. Spotz, 84 A.3d 294, 311 (Pa. 2014) (citation omitted).

11
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

11
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

11
Commonwealth v. Raineygreen
pa · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018Appellant relies on three cases that speak to the general proposition that “an alibi is a defense that places the defendant at the relevant time in a different place than the scene involved and so removed therefrom as to render it impossible for him to be the guilty party,” and that “the burden is solely on the Commonwealth to prove that the defendant was present during the commission of the crime.” Id. at 8.4 ____________________________________________ 4 Appellant cites the following cases: Commonwealth v. Rainey, 928 A.2d 215, 234 (Pa. 2007); Commonwealth v. Gainer, 580 A.2d 333, 336 (Footn

11
Commonwealth v. Gainergreen
pa · 1990 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018Appellant relies on three cases that speak to the general proposition that “an alibi is a defense that places the defendant at the relevant time in a different place than the scene involved and so removed therefrom as to render it impossible for him to be the guilty party,” and that “the burden is solely on the Commonwealth to prove that the defendant was present during the commission of the crime.” Id. at 8.4 ____________________________________________ 4 Appellant cites the following cases: Commonwealth v. Rainey, 928 A.2d 215, 234 (Pa. 2007); Commonwealth v. Gainer, 580 A.2d 333, 336 (Footn

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 (2)

CaseCitedYears
Commonwealth v. Mikell green
pa · 1999
1 sentence

2021Mikell, 729 A.2d at 570-71 .

12021–2021
Commonwealth v. Bonomo green
pa · 1959
1 sentence

2021Relying upon Commonwealth v. Bonomo, 151 A.2d 441 (Pa. 1959), Appellant ____________________________________________ 11 Throughout his argument, Appellant also maintains Attorney Gross was ineffective for failing to file a notice of alibi.

12021–2021

Where else courts name it

PA 7 (2018–2025) MS 4 (2008–2021) MD 3 (2010–2019) FL 2 (2016–2017)

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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