Commonwealth v. Kemick

In Commonwealth v. Kemick, the Superior Court first determined that the trial court’s oder, denying Kemick’s motion to dismiss the charges based on double jeopardy, was collateral and, thus, appealable. The Court then remanded the case. The trial court contravened Pa.R.Crim.P. 587 because the court did did not conduct a hearing, as defined by the official comments to Rule 587, that provided the parties with the opportunity to present testimony in support of, or to refute, the claim that Kemick’s prosecution violated double jeopardy protections or the compulsory joinder rule. Moreover, the trial court did not conduct a hearing to develop a record by means of admitting evidence.

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