Commonwealth v. Kearns

OPINION BY

BENDER, J.

The Commonwealth appeals from the trial court’s order dismissing the prosecution and barring the retrial of Appellee, Kenneth Kearns, on double jeopardy grounds, following the trial court’s previous order granting his request for a mistrial due to discovery violations committed by the Commonwealth. After careful review, we reverse.

The Commonwealth charged Appellee by criminal information with attempted homicide, two counts of aggravated assault, and reckless endangerment. The charges arose out of an incident that occurred on June 15, 2008, in which Appellee shot the…