Commonwealth v. Anderson

While I believe the prosecution’s misconduct bars retrial, this writer takes the opportunity to comment on the factual setting of the case for the purpose of giving courts of this Commonwealth some guidance in cases where prosecutorial *13misconduct has been alleged.1 This is consistent with the dictates of the United States Supreme Court as well as our own high Court that “ ‘appellate tribunals have the duty to make an independent evaluation of the circumstances[ ]” attendant to claims of prosecutorial misconduct (i.e., overreaching or bad faith). Commonwealth v. Cohen, 489 Pa. 167, 179, 413…