Kemph v. Commonwealth

Opinion

KOONTZ, J.

On retrial following a mistrial, a jury convicted William Timothy Kemph (Kemph) on one count of possession of methamphetamine with intent to distribute. On appeal, Kemph asserts that his retrial following mistrial was barred by the double jeopardy provision of the Fifth Amendment as applied to the states through the Fourteenth Amendment. Kemph argues that the mistrial resulted from intentional misconduct by the Commonwealth’s Attorney, thereby placing the retrial within the double jeopardy bar. Kemph also challenges the trial judge’s refusal to allow additional testimony…