Commonwealth v. Caufman

Because I cannot agree with the Majority’s conclusion that appellee’s prosecution for homicide by vehicle is permitted under principles of double jeopardy, I must dissent. In addition, I write separately to express my strong disagreement with the Majority’s reasoning and analysis regarding the interplay between 18 Pa.C.S. § 110, the compulsory joinder rule, federal double jeopardy and state double jeopardy principles.

This case is unique in that both the trial court and the Superior Court relied exclusively upon a decision of the United States Supreme Court, to wit, Grady v. Corbin, 495 U.S.…