Commonwealth v. Rivera, N., Jr. - No. (Granted) (petitions for allowance of appeal)

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, Respondent v. NELSON RIVERA JR., Petitioner : No. 601 MAL 2018 : : : Petition for Allowance of Appeal from : the Order of the Superior Court : : : : : : ORDER PER CURIAM AND NOW, this 28th day of December, 2018, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issue set forth below. Allocatur is DENIED as to all remaining issues. The issue, rephrased for clarity, is: Where a prosecutor’s conduct causes a mistrial, and a defendant subsequently moves to bar retrial on double jeopardy grounds, what standard of review should a reviewing court apply to the trial court’s factual finding regarding the prosecutor’s intent?

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