The Supreme Court of Pennsylvania has held that a finding on the defendant's argument for discharge on double jeopardy grounds is premature, but indicated that the defendant cannot be retried if the prosecutorial misconduct is found on remand to have been intentional or in bad faith.
Commonwealth v. Wallace, ___ Pa. ___, 455 A.2d 1187 (1983).
Pamela K. Wiles,
Constitutional Law - Fifth Amendment - Double Jeopardy - Prosecutorial Misconduct,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol22/iss2/11