Costarelli v. Commonwealth

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• unauthorized use of motor vehicle is lesser included offense of larceny of motor vehicle where \use on a public way\ is not often contested in practice
• refusal to review pretrial double jeopardy claim would result in irremediable denial of constitutional right
• discretionary review under court's supervisory authority is \extraordinary\ and only available \in the most exceptional circumstances\
• “a criminal defendant who presents a double jeopardy claim of substantial merit is entitled to review of that claim before the second trial ‘under our general superintendence power’ ”
• dismissal appropriate where Commonwealth sought second bench trial on lesser included offense
• double jeopardy bars subsequent prosecution for lesser included offense

Source: CourtListener parenthetical corpus (CC0).