Pennsylvania v. Jordan (majority)
Annotate this CaseAppellant Gregory Jordan was arrested for his alleged participation in the robbery of Tishana Nowlin. He was charged at docket number 2017-1702 with criminal attempt - homicide, robbery, aggravated assault, criminal conspiracy, persons not to possess a firearm, carrying a firearm without a license, terroristic threats, theft by unlawful taking, and disorderly conduct. At appellant’s request, the persons not to possess a firearm charge was severed and charged at docket number 2018-12031. In fall 2018, at appellant’s request, the parties proceeded to a simultaneous jury and bench trial where the court sat as factfinder for the persons not to possess a firearm charge at 2018-12031 and the disorderly conduct offense at 2017-1702, and the jury served as factfinder for all remaining charges. The issue this case presented for the Pennsylvania Supreme Court's review centered on whether inconsistent verdicts rendered by separate factfinders in a simultaneous jury and bench trial implicated double jeopardy and collateral estoppel concerns, such that a defendant, who was acquitted by the jury on the charges it considered, could not also be found guilty by the trial court of other charges. The Supreme Court concluded that a defendant who elects to proceed with a simultaneous jury and bench trial during a single prosecution is subjected to only one trial and therefore double jeopardy and collateral estoppel do not apply to preclude the guilty verdict rendered by the judge.
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