COM. v. TOLBERT


448 Pa.Super. 189 (1995)

670 A.2d 1172

COMMONWEALTH of Pennsylvania v. Anthony TOLBERT, Appellant COMMONWEALTH of Pennsylvania v. John SMITH, Appellant

Superior Court of Pennsylvania.

Decided December 20, 1995.

Reargument Denied February 29, 1996.


Attorney(s) appearing for the Case

Albert J. Flora, Jr., Assistant Public Defender, Wilkes-Barre, for appellants.

Peter Paul Olszewski, Jr., District Attorney and Scott C. Gartley, Assistant District Attorney, Wilkes-Barre, for Com.

Before BECK, SAYLOR and HESTER, JJ.


BECK, Judge:

These appeals require us to address the complex issue of collateral estoppel in criminal retrials. Our review of the record leads us to affirm the judgment of sentence in appellant Smith's case and affirm the collateral order in appellant Tolbert's case. A thorough summary of the history of the cases, both factual and procedural, must precede our analysis.

Appellants Anthony Tolbert and John Smith were accused, along with another man named Anthony...

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