Commonwealth v. Fletcher
41 A.3d 892
| Pa. Super. Ct. | 2012Background
- Tyjon Fletcher was convicted of robbery, conspiracy to rob, theft by unlawful taking, receiving stolen property, two counts of terroristic threats, and two counts of simple assault after an August 2009 Easton incident.
- Trial occurred in August 2010; during cross-examination, the Commonwealth questioned Fletcher about his prior robbery conviction.
- The trial court sustained Fletcher's objection but denied a mistrial; it issued a lengthy cautionary instruction to the jury.
- Section 42 Pa.C.S.A. § 5918 generally bars questions about other offenses absent specific exceptions; the court considered whether the question violated § 5918.
- Appellant argued the improper questioning violated § 5918 and required reversal, asserting prejudicial error.
- The Superior Court held the trial court did not abuse its discretion; cautionary instructions plus overwhelming evidence supported the denial of a mistrial and affirmed the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in denying a mistrial for improper cross-examination under § 5918 | Fletcher argues improper cross-examination violated § 5918 requiring mistrial. | Commonwealth contends no automatic mistrial; cautionary instruction sufficed; no prejudice. | No abuse of discretion; mistrial not required. |
Key Cases Cited
- Commonwealth v. Maute, 336 Pa. Super. 394 (1984) (reference to prior conduct may be remedied by cautionary instruction)
- Commonwealth v. Laird, 988 A.2d 618 (Pa. 2010) (courts presume juries follow curative instructions)
- Commonwealth v. Barron, 264 A.2d 710 (Pa. 1970) (damaging effects of improper cross-examination noted)
- Commonwealth v. Garcia, 712 A.2d 746 (Pa. 1997) (mistrial warranted for prejudicial cross-examination in some cases)