IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 601 MAL 2018
:
Respondent :
: Petition for Allowance of Appeal from
: the Order of the Superior Court
v. :
:
:
NELSON RIVERA JR., :
:
Petitioner :
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?