Commonwealth v. Anderson

DISSENTING OPINION BY

OLSON, J.:

I respectfully dissent from the learned Majority’s holding that prosecutorial misconduct occurring after remand for a new trial but before the new trial can serve to bar the new trial under the double jeopardy clause of the Pennsylvania Constitution. See Majority at 840. I believe that in adopting this holding the Majority improperly broadens the scope of Pennsylvania’s double jeopardy clause beyond that which was intended by our Supreme Court in Commonwealth v. Smith, 532 Pa. 177, 615 A.2d 321 (1992) and Commonwealth v. Martorano, 559 Pa. 533, 741 A.2d 1221…