578 Pa. 71 - Commonwealth v. Young

How this case has been cited

Cited by 14 later decisions — most recently March 2022

14 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1CONCURRING OPINION

Justice SAYLOR.

¶2I agree that the detective’s comments were impermissible based on the law as set forth in Mr. Justice Nigro’s dissent. I am able to concur in the majority’s disposition, however, since, *79in my view, a curative instruction would have sufficiently ameliorated the prejudice caused to Appellant by the improper remarks in this instance. See Commonwealth v. Richardson, 496 Pa. 521, 526, 437 A.2d 1162, 1165 (1981) (“[T]he possible prejudicial effect of a witness’s reference to prior criminal conduct of the defendant may, under certain circumstances, be removed by an immediate cautionary instruction to the jury.”); see also Commonwealth v. Morris, 513 Pa. 169, 178, 519 A.2d 374, 378 (1986) (concluding that a curative instruction alleviated the harm resulting from an impermissible reference to prior criminal activity); Commonwealth v. Williams, 470 Pa. 172, 178-79, 368 A.2d 249, 252 (1977) (same); Commonwealth v. Maute, 336 Pa.Super. 394, 403-04, 485 A.2d 1138, 1143 (1984) (determining that a defendant was not entitled to a mistrial based upon a comment regarding his prior criminal activity, because the prejudice could have been remedied by a curative instruction which the defendant refused). Here, however, as the majority notes, Appellant refused such an instruction.