Supreme Court of Pennsylvania, 2017

Commonwealth v. Brown

Commonwealth v. Brown
Supreme Court of Pennsylvania · Decided February 28, 2017
167 A.3d 703 (Atlantic Reporter, Third Series)
Commonwealth v. Brown

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

*704ORDER

PER CURIAM

AND NOW, this 28th day of February, 2017, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the following issue:

Should a claim barring retrial on the basis of double jeopardy pursuant to Commonwealth v. Smith, 615 A.2d 321 (Pa. 1992), require factual findings made by the original trial judge, or a hearing based on further testimony, regarding the intent of the prosecutor?

Allocatur is DENIED as to the remaining issue.

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