Commonwealth v. Culver

OPINION BY

BENDER, J.:

The Commonwealth, Appellant/Cross-Appellee, appeals from the trial court’s order in arrest of judgment, which granted a new trial due to prosecutorial misconduct. Ryan Culver (“Culver”), Appel-lee/Cross-Appellant, appeals from the trial court’s contemporaneous order denying preclusion of retrial based upon double jeopardy grounds. After careful review, we affirm both orders.

The facts underlying Culver’s conviction are not germane to the disposition of the instant appeal, however, a brief summary of the facts follows in order to provide context to the prosecutorial…