mistrial or curative instruction in Pennsylvania

2023“The rule is well[-]settled that a party complaining, on appeal, of the admission of evidence in the [trial] court [] will be confined to the specific objection there made.” Commonwealth v. Cousar, 928 A.2d 1025, 1041 (Pa. 2007) (original brackets omitted), citing Commonwealth v. Boden, 159 A.2d 894, 900 (Pa. 1960), cert. denied, 553 U.S. 1035 (2008). “[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.” Commonwealth v. Sandusky, 77 A.3d 663, 670 , (Pa. Super. 2013) (citation omitte

2022See Commonwealth v. Sandusky, 77 A.3d 663, 670 (Pa.Super. 2013) (“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.”).

2019“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. Strunk, 953 A.2d 577, 579 (Pa. Super. 2008).

2019“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. Strunk, 953 A.2d 577, 579 (Pa.Super. 2008) (citations omitted).

2018However, “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), see also Commonwealth v. Brown, 134 A.3d 1097, 1107 (Pa. Super. 2016), appeal denied, 145 A.3d 161 (Pa. 2016) (finding appellant’s prosecutorial misconduct claim waived following defense counsel’s failure to request any further action on the part of the court upon lodging a timely objection to comments by the prosecutor); Commonwealth v. Jones, 460 A.2d 739, 741

2018See Commonwealth v. Jones, 460 A.2d 739 (Pa. 1983) - 10 - J-S80022-17 (holding that issue of prosecutorial misconduct was waived on appeal where defense counsel immediately objected to prosecutor’s conduct, but made no request for mistrial or curative instructions); Commonwealth v. Chimenti, 524 A.2d 913 (Pa. Super. 1987) (ruling that, although defense counsel did object, he failed to request a mistrial or curative instruction, and, consequently, the issue was not preserved for review).

2018See Commonwealth v. Jones, 460 A.2d 739 (Pa. 1983) - 10 - J-S80022-17 (holding that issue of prosecutorial misconduct was waived on appeal where defense counsel immediately objected to prosecutor’s conduct, but made no request for mistrial or curative instructions); Commonwealth v. Chimenti, 524 A.2d 913 (Pa. Super. 1987) (ruling that, although defense counsel did object, he failed to request a mistrial or curative instruction, and, consequently, the issue was not preserved for review).

2014See, e.g., 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 curative instruction is sufficient to constitute waiver.”); Commonwealth v. Jones, 460 A.2d 739, 741 (Pa. 1983) (claim of prosecutorial misconduct waived where defense counsel immediately objected to the prosecutor's conduct but failed to request mistrial or curative instructions); Commonwealth v. Chimenti, 524 A.2d 913, 921 (Pa. Super.) (issue was waived where defense counsel objected to a question posed by the prose

2018However, “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), see also Commonwealth v. Brown, 134 A.3d 1097, 1107 (Pa. Super. 2016), appeal denied, 145 A.3d 161 (Pa. 2016) (finding appellant’s prosecutorial misconduct claim waived following defense counsel’s failure to request any further action on the part of the court upon lodging a timely objection to comments by the prosecutor); Commonwealth v. Jones, 460 A.2d 739, 741

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).

2021See Appellant’s Brief, 3/12/2021, at 9. “[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 a waiver.” Commonwealth v. Sandusky, 77 A.2d 663 , 670 (Pa. Super. 2013) (quoting Commonwealth v. Manley, 985 A.2d 256 , 267 n. 8 (Pa. Super. 2000) (objection to prosecutor’s closing argument, with no specific remedy request for curative instruction or mistrial, did not preserve issue for appeal)).

2020Officer Garron responded that Donte Harris “provided an address in North Carolina.” Id. -6- “[W]here the trial court has sustained the objection, 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. Manley, 985 A.2d 256, 267 (Pa. Super. 2009).

2019See, e.g., -5- Commonwealth v. Clair, 326 A.2d 272, 274 (Pa. 1974) (“[A] party may not remain silent and afterwards complain of matters which, if erroneous, the [c]ourt would have corrected.”) In order to allow for this opportunity, defense counsel must not only object to the perceived misconduct, but also request a mistrial or curative instruction at the time the perceived misconduct occurs.

2018See, e.g., Commonwealth v. Clair, 326 A.2d 272, 274 (Pa. 1974) (“[A] party may not remain silent and afterwards complain of matters which, if erroneous, the court would have corrected.”) In order to allow for this opportunity, defense counsel must not only object to the perceived misconduct, but also request a mistrial or curative instruction at the time the perceived misconduct occurs.

2018However, “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), see also Commonwealth v. Brown, 134 A.3d 1097, 1107 (Pa. Super. 2016), appeal denied, 145 A.3d 161 (Pa. 2016) (finding appellant’s prosecutorial misconduct claim waived following defense counsel’s failure to request any further action on the part of the court upon lodging a timely objection to comments by the prosecutor); Commonwealth v. Jones, 460 A.2d 739, 741

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).

2023“The rule is well[-]settled that a party complaining, on appeal, of the admission of evidence in the [trial] court [] will be confined to the specific objection there made.” Commonwealth v. Cousar, 928 A.2d 1025, 1041 (Pa. 2007) (original brackets omitted), citing Commonwealth v. Boden, 159 A.2d 894, 900 (Pa. 1960), cert. denied, 553 U.S. 1035 (2008). “[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.” Commonwealth v. Sandusky, 77 A.3d 663, 670 , (Pa. Super. 2013) (citation omitte

2023“The rule is well[-]settled that a party complaining, on appeal, of the admission of evidence in the [trial] court [] will be confined to the specific objection there made.” Commonwealth v. Cousar, 928 A.2d 1025, 1041 (Pa. 2007) (original brackets omitted), citing Commonwealth v. Boden, 159 A.2d 894, 900 (Pa. 1960), cert. denied, 553 U.S. 1035 (2008). “[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.” Commonwealth v. Sandusky, 77 A.3d 663, 670 , (Pa. Super. 2013) (citation omitte

2022Since Appellant requested a curative instruction, the claim is not waived. - 15 - Turning to the merits of this claim, we observe that “[o]ur standard of review of a trial court’s decision to reject a claim of prosecutorial misconduct is limited to a determination of whether the trial court abused its discretion.” Commonwealth v. Rivera, 939 A.2d 355, 357 (Pa.Super. 2007) (cleaned up).

2021Because Schlegel never made any timely objection to the Commonwealth’s closing argument, let alone an objection with sufficient specificity to allow the court to correct any prejudice, this claim is waived.3 Commonwealth v. Rose, 960 A.2d 149, 154-55 (Pa. Super. 2008).

2020However, “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. - 22 - 2013) (citation omitted and formatting altered); see also Jones, 191 A.3d at 837 (finding that the defendant waived his claims relating to the Commonwealth’s opening statements even though the defense objected twice to the prosecutor’s statements, because the defense did not request further relief).

2017Commonwealth v. Robinson, 670 A.2d 616, 622 (Pa. 1995); Commonwealth v. Sandusky, 77 A.3d 663, 670 (Pa.Super.2013) (noting that "[elven 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"). 30 Assuming arguendo that there is no waiver, Appellant contends that the DA stated his personal belief in his closing arguments to the jury.

2017However, a district attorney must have reasonable latitude in fairly presenting a case to the jury and he or she must be free to present his or her arguments with 'logical force and vigor.' Commonwealth v. Smith, 490 Pa. 380, 387 (Pa. 1980) (quoting Commonwealth v. Cronin, 464 Pa. 138 (1975)).

2016See Commonwealth v. Thomas, 54 A.3d 332, 339 (Pa. 2012) (stating that a prosecutor’s claim that a defense attorney was attempting to “shoot the messenger” in a case involving the killing of a witness was not prejudicial to the defendant as to render the jury incapable of delivering a fair verdict). -5- J-S54031-16 conduct, the failure to request a remedy such as a mistrial or curative instruction is sufficient to constitute waiver.”).

2016III, 2 A.3d 1201, 1211-1212 (Pa. 2010) (some internal citations omitted); accord Commonwealth v. Miller, 80 A.3d 806, 811 (Pa. Super. 2013). “[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.” Commonwealth v. Sandusky, 77 A.3d 663, 670 (Pa. Super. 2013) (citation omitted; emphasis added), appeal denied, --- A.3d ---, 835 MAL 2013 (Pa. 2014).

2016III, 2 A.3d 1201, 1211-1212 (Pa. 2010) (some internal citations omitted); accord Commonwealth v. Miller, 80 A.3d 806, 811 (Pa. Super. 2013). “[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.” Commonwealth v. Sandusky, 77 A.3d 663, 670 (Pa. Super. 2013) (citation omitted; emphasis added), appeal denied, --- A.3d ---, 835 MAL 2013 (Pa. 2014).

2014See, e.g., 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 curative instruction is sufficient to constitute waiver.”); Commonwealth v. Jones, 460 A.2d 739, 741 (Pa. 1983) (claim of prosecutorial misconduct waived where defense counsel immediately objected to the prosecutor's conduct but failed to request mistrial or curative instructions); Commonwealth v. Chimenti, 524 A.2d 913, 921 (Pa. Super.) (issue was waived where defense counsel objected to a question posed by the prose

2014However, where the trial court d[oes] not sustain [a defendan Commonwealth v. Hogentogler, 53 A.3d 866, 877 (Pa. Super. 2012) (citation omitted), appeal denied, 69 A.3d 600 (Pa. 2013).

2009See Commonwealth v. Bell, 386 Pa. Super. 164 , 562 A.2d 849 (1989) (failure to request mistrial when a prejudicial event occurs results in a waiver).

2009See Commonwealth v. Bell, 386 Pa. Super. 164 , 562 A.2d 849 (1989) (failure to request mistrial when a prejudicial event occurs results in a waiver).