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Commonwealth v. Metts

Judgment of sentence affirmed; evidence supported trial court's denial of defendant's motion to suppress witness' statement and the evidence derived from that statement; claim of prosecutorial misconduct was meritless, so the double jeopardy clause was not implicated, and trial court properly denied defendant's motion to dismiss.

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OPINION

� 1 Appellant Joseph Metts appeals from the judgment of sentence imposed on May 4, 2000. We affirm.

� 2 In May of 1993, Appellant was convicted of first degree murder, robbery and related theft offenses stemming from the murder of Fayette County Prison corrections officer Piper Newland. Commonwealth v. Metts, 558 Pa. 191, 736 A.2d 552 (1999). Our Court affirmed the judgment of sentence and the Pennsylvania Supreme Court subsequently granted allocatur. The Supreme Court ultimately reversed the judgment of sentence holding that, pursuant to Commonwealth v. Brion, 539 Pa. 256, 652 A.2d 287 (1994), the Trial Court should have suppressed two of Appellant’s conversations which were intercepted and tape recorded via electronic surveillance at the home of Appellant’s sister, Wendy Kulenovic. Metts, supra.

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