Commonwealth v. Wallace

BROSKY, Judge.

This is an appeal from an order denying appellant’s pretrial motion to dismiss all charges. Appellant raises two issues for disposition, one, whether appellant waived the defense of collateral estoppel by requesting a severance of one count from several others, and two, whether collateral estoppel precludes prosecution on the severed charge after he was acquitted of all charges in the preceding trial. We reverse.

Appellant was arrested on April 30, 1990, and charged with a variety of offenses including attempted homicide, assault charges and firearm offenses. All charges arose…