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Commonwealth v. Johnson

SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT
Dec 19, 2018

PER CURIAM

Petition for Allowance of Appeal from the Order of the Superior Court 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.