COMMONWEALTH of Pennsylvania, Petitioner v. Jawayne K. BROWN, Respondent; Commonwealth of Pennsylvania, Petitioner v. Richard Brown, Respondent; Commonwealth of Pennsylvania, Petitioner v. Aquil Bond, Respondent

Supreme Court of Pennsylvania2017-02-28No. No. 384 EAL 2016; No. 385 EAL 2016; No. 386 EAL 2016

167 A.3d 703

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Opinion · public domain

majority opinion

ORDER

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.