74 A.3d 279
Pa. Super. Ct.2013Background
- Commonwealth appeals a June 1, 2012 order vacating Hornberger's convictions and granting a new trial.
- Trial court reassessed jury instructions on justification and duty to retreat after Hornberger’s defense evidence raised a defense of justification.
- Jury had been instructed that a duty to retreat could apply if Bingaman’s apartment was not a dwelling or if all parties had equal rights to be present.
- Evidence showed Hornberger and Lepley were allowed to stay at Bingaman’s residence after Bingaman returned home, creating a factual question whether the apartment was their dwelling.
- Commonwealth argued the original instructions correctly stated the law; Hornberger argued the instructions mis-stated the duty to retreat and were prejudicial.
- Appellate court affirmed the trial court’s ruling, holding the duty-to-retreat issue and dwelling-status question warranted jury deliberation and Derby/Eberle guidance applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty-to-retreat instructions proper | Commonwealth contends the original charge correctly stated the law. | Hornberger contends instructions were erroneous and prejudicial on duty to retreat. | Trial court’s reassessment sound; no reversal; new-trial order affirmed. |
| Dwelling status of Bingaman’s apartment | Commonwealth argues the premises were not Hornberger’s dwelling. | Hornberger argues the apartment could be a dwelling shared by him and Lepley. | Record creates jury question whether apartment was a dwelling; Derby/Eberle control; remand with guidance. |
Key Cases Cited
- Commonwealth v. Janda, 14 A.3d 147 (Pa. Super. 2011) (standard for reviewing jury instructions)
- Commonwealth v. Sepulveda, 55 A.3d 1108 (Pa. 2012) (charge must fairly present law to jury)
- Commonwealth v. Hansley, 24 A.3d 410 (Pa. Super. 2011) (three elements for self-defense/defense of others; jury must be charged)
- Commonwealth v. Gray, 410 A.2d 876 (Pa. Super. 1979) (duty to retreat in dwelling contexts discussed)
- Commonwealth v. Derby, 678 A.2d 784 (Pa. Super. 1996) (no duty to retreat from dwelling when equal right to be there)
- Commonwealth v. Eberle, 379 A.2d 90 (Pa. 1977) (no duty to retreat from dwelling when attacked by equal-right adversary)