Commonwealth v. Johnson, 199 A.3d 346 (2018)

Dec. 19, 2018 · Supreme Court of Pennsylvania · No. 339 EAL 2018
199 A.3d 346

COMMONWEALTH of Pennsylvania, Respondent
v.
Kareem JOHNSON, Petitioner

No. 339 EAL 2018

Supreme Court of Pennsylvania.

December 19, 2018

ORDER

PER CURIAM.

AND NOW, this 19th day of December, 2018, the Petition for Allowance of Appeal is GRANTED. The issue, rephrased for clarity, is:

Should the Commonwealth's misrepresentation of physical evidence in Petitioner's first trial bar retrial on double jeopardy grounds, notwithstanding the trial court's finding that the Commonwealth's misconduct was unintentional?

Petitioner's "Unopposed Motion For Remand To Court Of Common Pleas For Further Development Of Double Jeopardy Motion In Light Of After-Discovered Evidence" is DENIED.