prompt cautionary instruction (Pennsylvania) · Go Syfert
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prompt cautionary instruction in Pennsylvania

7 Pennsylvania opinions name it 2 courts 1978–2021 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 (6)

CaseFollowedCited
Commonwealth v. Mourygreen
pasuperct · 2010 · cited in 2 Pennsylvania opinions naming this issue, 2017–2019
2 sentences

2019See Moury, 992 A.2d at 177 (holding that police officer’s testimony that defendant invoked his right to an attorney and did not want to talk to the police was cured by prompt cautionary instruction “[g]iven the limited reference to [the defendant’s] initial decision to have an attorney present” and where the comment was not purposefully elicited or exploited by -8- J-S38045-19 the Commonwealth); Commonwealth v. Anderjack, 413 A.2d 693 , 698- 700 (Pa. Super. 1979) (holding that a prompt cautionary instruction overcame any prejudice resulting from police officer’s testimony that defendant refuse

2017Id.

12
Commonwealth v. Anderjackgreen
pasuperct · 1979 · cited in 2 Pennsylvania opinions naming this issue, 1993–2019
2 sentences

2019See Moury, 992 A.2d at 177 (holding that police officer’s testimony that defendant invoked his right to an attorney and did not want to talk to the police was cured by prompt cautionary instruction “[g]iven the limited reference to [the defendant’s] initial decision to have an attorney present” and where the comment was not purposefully elicited or exploited by -8- J-S38045-19 the Commonwealth); Commonwealth v. Anderjack, 413 A.2d 693 , 698- 700 (Pa. Super. 1979) (holding that a prompt cautionary instruction overcame any prejudice resulting from police officer’s testimony that defendant refuse

1993Commonwealth v. Anderjack, 271 Pa.Super. 334, 341-344 , 413 A.2d 693, 697-698 (1979).

12
Commonwealth v. Chamberlaingreen
pa · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021See Leap, 222 A.3d at 392 (holding that appropriate curative instructions to the jury could overcome error of admission of expert testimony bolstering the victim’s credibility;12 further, like the instant case, the trial court instructed the jury multiple times that they were the sole judges of the credibility of witnesses); see also Chamberlain, supra. This issue fails.

11
Com. v. Leap, J.green
pasuperct · 2019 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021See Leap, 222 A.3d at 392 (holding that appropriate curative instructions to the jury could overcome error of admission of expert testimony bolstering the victim’s credibility;12 further, like the instant case, the trial court instructed the jury multiple times that they were the sole judges of the credibility of witnesses); see also Chamberlain, supra. This issue fails.

11
Com. v. Gilliam, K.green
pasuperct · 2021 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021See Commonwealth v. Gilliam, 249 A.3d 257, 274 (Pa. Super. 2021) (“the trial court's prompt cautionary instruction was sufficient to ameliorate any prejudice [Gilliam] may have suffered from [a] brief statement, which did not prevent the jury from rendering a true verdict”).

11
Commonwealth v. Robsongreen
pa · 1975 · cited in 1 Pennsylvania opinions naming this issue, 1978–1978
2 sentences

1978See Commonwealth v. Robson, 461 Pa. 615 , 337 A.2d 573 (1975) (reference *190 to indictment to which defendant had pleadéd guilty but on which he had not yet been sentenced held cured by jury instruction).

1978See Commonwealth v. Robson, 461 Pa. 615 , 337 A.2d 573 (1975) (reference *190 to indictment to which defendant had pleadéd guilty but on which he had not yet been sentenced held cured by 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 (2)

CaseCitedYears
Commonwealth v. Maloney green
pa · 1976
2 sentences

1994Wfliile in some situations, an adequate cautionary instruction may negate any potential prejudice flowing from such a reference, Maloney, 469 Pa. 342 , 365 A.2d 1237 , in other situations, even a prompt cautionary instruction may not render the error harmless.

1994Wfliile in some situations, an adequate cautionary instruction may negate any potential prejudice flowing from such a reference, Maloney, 469 Pa. 342 , 365 A.2d 1237 , in other situations, even a prompt cautionary instruction may not render the error harmless.

11994–1994
Commonwealth v. Turner green
pa · 1982
2 sentences

1994Turner, 499 Pa. 579 , 454 A.2d 537 .

1994Turner, 499 Pa. 579 , 454 A.2d 537 .

11994–1994

Where else courts name it

CT 20 (1983–2020) PA 7 (1978–2021) VA 5 (1990–2025) NY 3 (2017–2017) VT 2 (1984–1987)

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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