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

Dec. 28, 2018 · Supreme Court of Pennsylvania · No. 601 MAL 2018
199 A.3d 888

COMMONWEALTH of Pennsylvania, Respondent
v.
Nelson RIVERA Jr., Petitioner

No. 601 MAL 2018

Supreme Court of Pennsylvania.

December 28, 2018

ORDER

PER CURIAM.

AND NOW, this 28th 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?