pre-trial double jeopardy challenge (Pennsylvania) · Go Syfert
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pre-trial double jeopardy challenge in Pennsylvania

10 Pennsylvania opinions name it 2 courts 2011–2020 0 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Commonwealth v. Oriegreen
pa · 2011 · cited in 7 Pennsylvania opinions naming this issue, 2014–2017
2 sentences

2017See Commonwealth v. Orie, 22 A.3d 1021, 1027 (Pa. 2011) (upon dismissal of a pre-trial double jeopardy challenge as frivolous, a defendant is authorized to file a petition for review pursuant to Pa.R.A.P. 1511, and seek a stay under Pa.R.A.P. 1781).

2015The Brady Court held that where the trial court makes a written statement finding that the pre-trial double jeopardy challenge is frivolous, a Bolden-style interlocutory appeal will not be permitted because it would only serve to delay prosecution. 508 A.2d at 291 . -3- J-A20007-15 Commonwealth v. Orie, 22 A.3d 1021, 1024-25 (Pa. 2011).

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Commonwealth v. Bradygreen
pa · 1986 · cited in 6 Pennsylvania opinions naming this issue, 2011–2020
2 sentences

2020An exception to this general rule of appealability exists if, but only if, the trial court “makes a written statement finding that the pre-trial double jeopardy challenge is frivolous.” Id.; see also Brady, 508 A.2d at 291 (“an appeal from the denial of a motion to dismiss on double jeopardy grounds should not be permitted where the hearing court has considered the motion and made written findings that the motion is frivolous.

2020An exception to this general rule of appealability exists if, but only if, the trial court “makes a written statement finding that the pre-trial double jeopardy challenge is frivolous.” Id.; see also Brady, 508 A.2d at 291 (“an appeal from the denial of a motion to dismiss on double jeopardy grounds should not be permitted where the hearing court has considered the motion and made written findings that the motion is frivolous.

36

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Commonwealth v. Wheeler green
pa · 2011
1 sentence

2014Commonwealth v. Orie, 610 Pa. 552 , 22 A.3d 1021, 1026 (2011).

12014–2014

Where else courts name it

PA 10 (2011–2020) OH 2 (2012–2017) TN 2 (2015–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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