Commonwealth v. Graham

OPINION BY

STABILE, J.:

Appellant, David Karl Graham, appeals from the January 14, 2014 order denying Appellant’s pretrial motion to dismiss all charges against him. Appellant argues the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution bars retrial because the prosecutor’s misconduct during Appellant’s first trial resulted in mistrial.1 After review, we affirm.

This prosecution commenced on November 16, 2011 when police filed a criminal complaint charging Appellant with 12 counts of aggravated indecent assault, 12 counts of indecent assault, and one count of…