COM. v. CULVER

Nos. 1803 WDA 2010, 1821 WDA 2010.

51 A.3d 866 (2012)

COMMONWEALTH of Pennsylvania, Appellant v. Ryan CULVER, Appellee. Commonwealth of Pennsylvania, Appellee v. Ryan S. Culver, Appellant.

Superior Court of Pennsylvania.

Filed August 21, 2012.


Attorney(s) appearing for the Case

James P. Carbone , Assistant District Attorney, Franklin, for Commonwealth.

Blair H. Hindman , Clarion, for Culver.

BEFORE: MUSMANNO, J., BENDER, J., and STRASSBURGER, J.


OPINION BY BENDER, J.:

The Commonwealth, Appellant/Cross-Appellee, appeals from the trial court's order in arrest of judgment, which granted a new trial due to prosecutorial misconduct. Ryan Culver ("Culver"), Appellee/Cross-Appellant, appeals from the trial court's contemporaneous order denying preclusion of retrial based upon double jeopardy grounds. After careful review, we affirm both orders.

The facts underlying Culver's conviction are not germane to...

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