Commonwealth v. Smith

In Commonwealth v. Starks, 490 Pa. 336, 416 A.2d 498 (1980), the Supreme Court stated that a retrial is barred by “prosecutorial misconduct undertaken in bad faith to prejudice or harass the defendant.” Id., 490 Pa. at 342, 416 A.2d at 500. In my opinion, the record here discloses such conduct.

-1-

The evidence consisted of the testimony of two individuals: the Commonwealth’s witness, Pettaway; and appellant.

Pettaway’s testimony may be summarized as follows: Pettaway and his partner were on duty as security guards at a grocery store. They were in full uniform, and armed with guns, nightsticks,…