Commonwealth v. Simone

TAMILIA, Judge:

Appellant, Janet A. Simone, challenges the Order of February 28, 1997, whereby the trial court denied appellant’s motion to dismiss the information and prevent reprosecution. Appellant claims the trial court erred in denying her motion because the double jeopardy clauses of the United States and Pennsylvania Constitutions bar retrial when the prosecution either intentionally deprives a defendant of a fair trial or intentionally *772provokes the defendant into moving for a mistrial. Appellant also argues that a prosecutor’s grossly negligent misconduct is sufficient to bar retrial…