Commonwealth v. Rivera, N., Jr.

Supreme Court of Pennsylvania

Commonwealth v. Rivera, N., Jr.

199 A.3d 888

Supreme Court of Pennsylvania·Decided December 28, 2018·No. 601 MAL 2018 (Granted)·Published

Opinion

PER CURIAM .

AND NOW, this 28 ^th day of December, 2018, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issue set forth below. Allocatur is DENIED as to all remaining issues. The issue, rephrased for clarity, is:

Where a prosecutor's conduct causes a mistrial, and a defendant subsequently moves to bar retrial on double jeopardy grounds, what standard of review should a reviewing court apply to the trial court's factual finding regarding the prosecutor's intent?

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PER CURIAM .

AND NOW, this 28 ^th day of December, 2018, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issue set forth below. Allocatur is DENIED as to all remaining issues. The issue, rephrased for clarity, is:

Where a prosecutor's conduct causes a mistrial, and a defendant subsequently moves to bar retrial on double jeopardy grounds, what standard of review should a reviewing court apply to the trial court's factual finding regarding the prosecutor's intent?

Commonwealth v. Rivera, N., Jr., 199 A.3d 888 (Pa. 2018).

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