Commonwealth v. Virtu
Supreme Court of Pennsylvania
1Opinion of the Court
*61OPINION OF THE COURT
KAUFFMAN, Justice.
This is an appeal from an interlocutory order of the Allegheny County Court of Common Pleas denying the pre-trial motion of appellant, Anthony Joseph Virtu, to dismiss a criminal complaint on double jeopardy grounds.1 Because the record conclusively reveals that the initial trial was aborted as a direct result of deliberate prosecutorial misconduct, we conclude that appellant may not be retried, and, accordingly, reverse.2
On the night of August 6, 1977, a fire was set in a Pittsburgh beauty salon located above a pizza shop owned by Michael Romeo…
2Cases cited14 opinions
- Berger v. United StatesSupreme Court of the United States · 1935
- United States v. DinitzSupreme Court of the United States · 1976
- Lee v. United StatesSupreme Court of the United States · 1977
- Commonwealth v. BoldenSupreme Court of Pennsylvania · 1977
- United States v. Murray Morris Kessler, Richmond C. Harper, Adler B. Seal, James M. Miller,jr., and Joseph MazzukaCourt of Appeals for the Fifth Circuit · 1976
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3Cited by38 opinions
- State v. UbaldiSupreme Court of Connecticut · 1983
- Commonwealth v. BradySupreme Court of Pennsylvania · 1986
- State v. CohaneSupreme Court of Connecticut · 1984
- Commonwealth v. SimonsSupreme Court of Pennsylvania · 1987
- Commonwealth v. MartoranoSupreme Court of Pennsylvania · 1999
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