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Pennsylvania Supreme Court Announces Reckless Prosecutorial Misconduct Constitutes Overreaching Sufficient to Trigger Double Jeopardy Protections
by Douglas Ankney
The Supreme Court of Pennsylvania concluded that Article I, Section 10 of the Pennsylvania Constitution, prohibition against double jeopardy, bars retrial because the prosecutor’s misconduct that evinced a conscious disregard for a substantial risk of harm deprived the defendant of his right to a fair …
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More from this issue:
- Police Unions: Obstacles to Criminal Justice Reform and Police Accountability, by Douglas Ankney
- Fourth Circuit Announces Discretionary Conditions of Supervision Must Be Orally Pronounced at Sentencing, by Anthony Accurso
- Deal Presented by Kentucky Prosecutor Evidence of Effort to Smear Breonna Taylor, by Casey Bastian
- Attacking the Guilty Plea: Waivers, Breaches, and Getting More Time After a Successful Challenge, by Dale Chappell
- Pennsylvania Supreme Court Announces Reckless Prosecutorial Misconduct Constitutes Overreaching Sufficient to Trigger Double Jeopardy Protections, by Douglas Ankney
- The 1971 Stanford Prison Experiment Showing Authoritarian Abuse Still Relevant Today, by Michael Fortino, Ph.D
- Powerful New Tool Reveals Federal Sentencing Problems, by Dale Chappell
- Sixth Circuit Finds IAC for Failure to Raise ‘Clearly Foreshadowed’ Change in Law on Appeal, by Dale Chappell
- Campaign Zero Advocates for Police Accountability, by Jayson Hawkins
- Ninth Circuit: Use of Unconvicted Conduct Too Dissimilar to Charged Offense Violates Due Process, by Dale Chappell
- Fifth Circuit Grants Habeas Relief Because Detective’s Testimony of Witness Identification of Defendant Violates Confrontation Clause, by Dale Chappell
- Idaho Supreme Court Announces False Rape Allegations May Be Admitted Regardless of When Made, by Anthony Accurso
- Indiana Supreme Court Announces New Analytical Framework for Review of Substantive Double Jeopardy, Overruling Richardson, by Douglas Ankney
- Federal Judge Criticizes Qualified Immunity and Challenges SCOTUS to Abolish It, by Anthony Accurso
- Fifth Circuit Reverses Conviction Based on Prejudicial Prosecutorial Misconduct, by Douglas Ankney
- Arizona Supreme Court Declares Gang-Association Statute Unconstitutional, by Dale Chappell
- Mississippi Supreme Court Vacates Capital Murder Conviction Obtained With Bite Mark Comparison Evidence, by Matthew Clarke
- Eighth Circuit: Counsel Ineffective for Not Recognizing § 851 Enhancement Should Not Have Applied, by Anthony Accurso
- First Circuit: Dangerousness of Machine Guns Not Justification for Above-Guidelines Sentence, by Dale Chappell
- Kansas Supreme Court Announces Residual Clause of Law Prohibiting Knife Possession by Felons Unconstitutionally Vague, by Anthony Accurso
- Eleventh Circuit: Time Served Adjustment Is Mandatory Under Sentencing Guidelines Even After Booker, by Matthew Clarke
- Maryland Court of Appeals: Odor of Marijuana Alone Doesn’t Provide Probable Cause to Arrest and Search Person, by Anthony Accurso
- California Court of Appeal: ‘Violent Victim Rule’ Doesn’t Require Defendant to Have Had Knowledge of Victim’s Propensity for Violence, by Douglas Ankney
- Ninth Circuit: Mere Passage of Time Doesn’t Attenuate Evidence From Initial Constitutional Violation, by Douglas Ankney
- N.J. Supreme Court Announces Defendant Has Right to Question Cooperating Witness About Plea Deal and Possible Sentence Exposure Even When Witness Faced Same Exposure as Defendant, by Douglas Ankney
- Missouri Supreme Court: Circuit Court Erred in Excluding Expert Witness Testimony Regarding Accuracy of Eyewitness Identification, by Douglas Ankney
- Seventh Circuit: Solo Masturbation Near Fully Clothed and Sleeping Child Does Not Constitute Production of Child Pornography, by Anthony Accurso
- Fourth Circuit Expands First Step Act’s ‘Covered Offense’ to All of Section 841, by Dale Chappell
- California Supreme Court Reverses Murder Conviction and Death Sentence Because Police Failed To Honor Defendant’s Request for Counsel, by Douglas Ankney
- Wisconsin Supreme Court: Officers Wrongly Inventoried Vehicle for Towing, Requiring Suppression of Evidence, by Anthony Accurso
- Sixth Circuit: Michigan Courts’ Procedure Allowing Appellate Counsel’s Withdrawal Unconstitutional, by David Reutter
- Sixth Circuit Clarifies ‘Different Location’ in Robbery Guidelines Enhancement Commentary Requires More Than Herding Victims To Different Room, by Anthony Accurso
- Fed Position on Pot Pushing Vets to Black Market, by Jayson Hawkins
- Minnesota Supreme Court: Coercion Statute Unconstitutionally Overbroad, by Anthony Accurso
- Less Lethal Munitions Still Deadly, by Edward Lyon
- Blue Lives Matter More: Georgia Introduces Hate Crime Bill Designed to Protect the Cops, by Michael Fortino, Ph.D
- Is the Georgia Bureau of Investigation Ready to Investigate Arbery Cover-Up?, by Jayson Hawkins
- Promises to Defund the Police Lead to Increase in Private Security Forces on City Streets, by Casey Bastian
- Interrogation Via Zoom: Policing in the Age of COVID, by Jayson Hawkins
- The Danger of Police Dishonesty, by Jayson Hawkins
- Door Bells and Funeral Bells, by Douglas Ankney
- DOJ Report: Massachusetts Narcotics Bureau Relied on Excessive Use of Force, by Kevin Bliss
- Did Two Judges Violate Ethics in Florida Voting Rights Restoration Case?, by Casey Bastian
- Kettles Are Used for Teas, Kettling is Used for People, by Edward Lyon
- News in Brief
- Government Treats Protesting Cities as Enemies of the State, by Kevin Bliss
More from Douglas Ankney:
- The Dramatic Increase in the Elderly Prison Population Is Fiscally and Morally Irresponsible, Oct. 1, 2026
- Second Circuit Affirms Denial of Qualified Immunity but Clarifies that 14th Amendment ‘Objective Reasonableness’ Is Standard of Review for Pretrial Detainee’s Claim of Sexual Abuse, Oct. 1, 2026
- California Supreme Court Announces Totality-of-Circumstances Framework Focused on Defendant’s Subjective Understanding Under § 1473.7(a)(1), Holding Immigration Consequences Advisement Is Relevant but Not Dispositive, Oct. 1, 2026
- Idaho Supreme Court Holds Conflicting Affidavits About Plea Acceptance Require Evidentiary Hearing on Ineffective-Assistance Claim, Oct. 1, 2026
- Tenth Circuit Vacates Award of Costs to Prison Officials, Revives Prisoner’s Claim Alleging Denial of Access to Functioning Toilets and Exposure to Other Prisoners’ Feces, Oct. 1, 2026
- Second Circuit Vacates Above-Guidelines Firearm-Trafficking Sentence Based on Failure to Assist Law Enforcement and Unexplained Reliance on Factors Already Included in Guidelines Range, Sept. 1, 2026
- Ninth Circuit Reverses Convictions, Holding Requirement That Defendant Testify Before Displaying Hand Tattoos Violates Fifth Amendment, Sept. 1, 2026
- Ohio Supreme Court Announces Postconviction DNA-Testing Orders Need Only Identify Statutory Reason to Satisfy R.C. 2953.73(D) “Reasons” Requirement, Sept. 1, 2026
- Federal Court Upholds Consultants’ Finding that Oklahoma Is Not Honoring Its Consent Decree to Provide Mental Health Treatment, Sept. 1, 2026
- Idaho Legislature Moves to Hide Execution Protocol from Judicial Scrutiny, Sept. 1, 2026
More from these topics:
- South Dakota Supreme Court Affirms Prisoner’s Simple Assault on Guard Conviction Despite Four-Second Skip in Surveillance Video Footage, Oct. 1, 2026. Jury Instructions, Double jeopardy, Failure to Object, Evidence - Integrity/Reliability of, Denial of Due Process.
- Abuse is No Excuse: Oklahoma’s Judges Deny Sentencing Relief to Prisoners Who Were Raped and Physically Assaulted, Aug. 1, 2026. State Legislation, Domestic Violence, Prosecutorial Misconduct, Sentences - Adjustments and Departures, Reduction of Sentence.
- Ohio Supreme Court Announces Post-Verdict Judgment of Acquittal Is Not “Final Verdict” Under R.C. 2945.67(A) and Overrules Contrary Precedent, Holding State May Appeal Such Judgment by Leave of Court of Appeals but Not as of Right, Aug. 1, 2026. Double jeopardy, Appealable Issues/Orders, New Trial/Judgment of Acquittal, Statutory Construction/Interpretation.
- Illinois Supreme Court Announces State Common Law and Statutory Issue Preclusion Protections Exceed Federal Double Jeopardy Protections, Holding Currier v. Virginia Does Not Constrain Illinois’s Independent Doctrine, July 1, 2026. Double jeopardy, New Trial/Judgment of Acquittal, Statutory Construction/Interpretation.
- Pennsylvania Supreme Court Announces Calling Known Recalcitrant Witness Before Jury Constitutes Reversible Error and Prosecutorial Misconduct Regardless of Whether Witness Expressly Invokes Fifth Amendment Privilege, Qualifying Contrary Precedent, June 1, 2026. Confrontation Clause/Rights, Prosecutorial Misconduct, Witnesses - Examination of, Self-Incrimination Clause, Plain/Harmless Error.
- Indiana Supreme Court Clarifies “Single Statutory Offense” for Substantive Double Jeopardy Analysis, Holding Powell Test Governs Multiple Convictions Under Elevated Forms of Common Base Offense, April 1, 2026. Double jeopardy, Kidnapping, Abduction or Unlawful Restraint, Statutory Construction/Interpretation, Statement of Reasons, Multiple/Multiplicious Counts.
- Massachusetts Supreme Judicial Court: Amending Indictment to Change Subsections of Aggravated Child Rape Statute Constitutes an Impermissible Substantive Amendment, April 1, 2026. Double jeopardy, Constitution, state, Criminal Sexual Abuse, Essential Elements of Crime, Amendment/Variance.
- Texas Prisoner Declared Innocent 70 Years After Execution, March 1, 2026. Racial Discrimination, Death Penalty, False Confessions, Eyewitness Identification, Prosecutorial Misconduct.
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026. Double jeopardy, Multiple/Multiplicious Counts.
- SCOTUS Announces Single Act Violating Both 18 U.S.C. §§ 924(c)(1)(A)(i) and 924(j) May Result in Only One Conviction, Ruling Congress Did Not Clearly Express Intent to Overcome Blockburger Presumption Against Cumulative Punishment for Same Offense, Feb. 1, 2026. Double jeopardy, Gun Laws/Crimes, Sentences - Authorized, Multiple/Multiplicious Counts, Concurrent and Consecutive Sentences.





