denial of a jury instruction (Pennsylvania) · Go Syfert
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denial of a jury instruction in Pennsylvania

7 Pennsylvania opinions name it 2 courts 2018–2023 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.

Followed or applied (2)

CaseFollowedCited
Commonwealth v. Sebolkagreen
pasuperct · 2019 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
2 sentences

2021See Commonwealth v. Sebolka, 205 A.3d 329, 342 (Pa. Super. 2019) (citation - 10 - J-S22002-21 omitted).

2021See id.

11
Commonwealth v. Buterbaughgreen
pasuperct · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021When a trial court refuses to deliver a specific jury instruction “it is the function of [this] Court to determine whether the record supports the trial court’s decision.” Commonwealth v. Buterbaugh, 91 A.3d 1247, 1257 (Pa. Super. 2014) (en banc) (citation omitted).

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 (6)

CaseCitedYears
Meyer v. Union Railroad green
pasuperct · 2004
2 sentences

2018In reversing the trial court’s finding of waiver, the Superior Court noted “[a]lthough the general principle . . . applies to bar appellate review where a trial counsel fails to object to a trial court instruction specifically, it does not extend to situations where, as here, a party previously submitted a proposed point for charge and, in a post-trial motion, raised the trial court’s refusal to give the charge.” Meyer, 865 A.2d at 861 , citing Brancato, 458 A.2d 1377 .

2018In reversing the trial court's finding of waiver, the Superior Court noted "[a]lthough the general principle ... applies to bar appellate review where a trial counsel fails to object to a trial court instruction specifically, it does not extend to situations where, as here, a party previously submitted a proposed point for charge and, in a post-trial motion, raised the trial court's refusal to give the charge." Meyer , 865 A.2d at 861 , citing Brancato , 458 A.2d at 1377 .

22018–2018
Brancato v. Kroger Co., Inc. green
pasuperct · 1983
2 sentences

2018In reversing the trial court’s finding of waiver, the Superior Court noted “[a]lthough the general principle . . . applies to bar appellate review where a trial counsel fails to object to a trial court instruction specifically, it does not extend to situations where, as here, a party previously submitted a proposed point for charge and, in a post-trial motion, raised the trial court’s refusal to give the charge.” Meyer, 865 A.2d at 861 , citing Brancato, 458 A.2d 1377 .

2018In reversing the trial court's finding of waiver, the Superior Court noted "[a]lthough the general principle ... applies to bar appellate review where a trial counsel fails to object to a trial court instruction specifically, it does not extend to situations where, as here, a party previously submitted a proposed point for charge and, in a post-trial motion, raised the trial court's refusal to give the charge." Meyer , 865 A.2d at 861 , citing Brancato , 458 A.2d at 1377 .

22018–2018
Commonwealth v. Baker green
pasuperct · 2011
1 sentence

2023Baker, 24 A.3d at 1022 .

12023–2023
Commonwealth v. Leaner green
pasuperct · 2019
1 sentence

2021When considering the denial of a jury instruction, our standard of review is one of deference: “[A]n appellate court will reverse a court's decision only when it abused its discretion or committed an error of law.” Commonwealth v. Leaner, 202 A.3d 749 , 782–783 (Pa. Super. 2019) (citation omitted)).

12021–2021
Jones, H., Aplt. v. Ott, R. green
pa · 2018
1 sentence

2020We recently addressed this issue in Jones v. Ott, 191 A.3d 782 (Pa. 2018).

12020–2020
Commonwealth v. Galvin green
pa · 2009
2 sentences

2019"Our standard of review when considering the denial of jury instructions is one of deference - an appellate court will reverse a court's decision only when it abused its discretion or committed an error of law." Commonwealth v. Galvin , 603 Pa. 625 , 985 A.2d 783 , 799 (2009).

2019"Our standard of review when considering the denial of jury instructions is one of deference - an appellate court will reverse a court's decision only when it abused its discretion or committed an error of law." Commonwealth v. Galvin , 603 Pa. 625 , 985 A.2d 783 , 799 (2009).

12019–2019

Where else courts name it

MS 32 (2002–2021) TX 9 (1991–2015) PA 7 (2018–2023) NM 7 (2006–2023) AZ 4 (2014–2024) OH 3 (2000–2006) FL 3 (1986–2024) VA 3 (1996–2025) AL 3 (2004–2024) CA 2 (2016–2020)

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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