Com. v. Sabolcik, F.
Com. v. Sabolcik, F. No. 892 WDA 2015
| Pa. Super. Ct. | Mar 13, 2017Background
- Sabolcik served as vice president of White Oak Animal Safe Haven with access to shelter bank accounts; unauthorized purchases and a secretly opened second account were later discovered.
- The shelter president confronted Sabolcik after bounced checks; he was later fired and police investigated alleged misappropriation of funds.
- Commonwealth charged Sabolcik with theft by unlawful taking or disposition, theft by deception, and receiving stolen property; jury trial held February 2015 resulted in convictions on two counts.
- At trial a defense witness (private investigator Andrew Richards) testified he had limited opportunities to speak with Sabolcik due to Sabolcik’s incarcerated status, prompting a sidebar and a defense motion for a mistrial.
- Trial court denied the mistrial, allowed counsel to draft a curative instruction which the court read to the jury; Sabolcik was sentenced to 11½ to 23 months; he appealed arguing the mistrial should have been granted.
- Superior Court affirmed, finding the sidebar, admonition to the prosecutor, and the counsel-drafted curative instruction cured any potential prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred by denying mistrial after witness referenced defendant’s incarceration | Commonwealth: no error—question/answer was unsolicited; court remedied issue | Sabolcik: reference implicated right to silence and prejudiced jury, requiring mistrial | Denial affirmed: court stopped questioning, cautioned prosecutor, allowed and gave curative instruction which cured prejudice |
| Whether curative instruction was inadequate | Commonwealth: instruction cured any prejudice | Sabolcik: instruction content insufficient | Waived — defense counsel drafted and approved instruction; no contemporaneous objection; appellate challenge barred |
Key Cases Cited
- Commonwealth v. Chamberlain, 30 A.3d 381 (2011) (standard for abuse of discretion review of mistrial denial)
- Commonwealth v. Fletcher, 41 A.3d 892 (Pa. Super. 2012) (mistrial required only when prejudice prevents jury from rendering true verdict)
- Commonwealth v. Morris, 519 A.2d 374 (Pa. 1986) (whether jury exposure to improper evidence can be cured depends on all circumstances)
- Commonwealth v. Simpson, 754 A.2d 1264 (Pa. 2000) (jurors presumed to follow court instructions to disregard inadmissible evidence)
- Commonwealth v. Gooding, 818 A.2d 546 (Pa. Super. 2003) (failure to timely object to jury instruction waives appellate challenge)