COM. v. KEARNS

No. 640 WDA 2011

70 A.3d 881 (2013)

2013 PA Super 185

COMMONWEALTH of Pennsylvania, Appellant v. Kenneth KEARNS, Appellee.

Superior Court of Pennsylvania.

Filed July 12, 2013.


Attorney(s) appearing for the Case

Michael W. Streily, Deputy District Attorney, Pittsburgh, for Commonwealth, appellant.

Patrick J. Thomassey, Monroeville, for appellee.

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


OPINION BY BENDER, J.

The Commonwealth appeals from the trial court's order dismissing the prosecution and barring the retrial of Appellee, Kenneth Kearns, on double jeopardy grounds, following the trial court's previous order granting his request for a mistrial due to discovery violations committed by the Commonwealth. After careful review, we reverse.

The Commonwealth charged Appellee by criminal information with attempted homicide, two counts of aggravated...

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