Commonwealth v. Gibbs

JOHNSON, Judge:

This is an appeal from the order denying appellant Barry Gibbs’ petition to preclude the Commonwealth from seeking the death penalty at his second trial upon remand based upon statutory aggravating circumstances listed in 42 Pa. C.S. § 9711(d) not found by the sentencing jury at his first trial. We are asked to decide whether the Commonwealth’s seeking of these aggravating circumstances in the second trial violates a defendant’s constitutional right not to be twice put in jeopardy. This precise question has been answered in the negative by the Supreme Court of the United States…