Appellate courts should be able to re-weigh evidence when reviewing double-jeopardy decisions in cases stemming from mistrials due to prosecutorial misconduct, defense attorneys argued before the Pennsylvania Supreme Court, in a session that drew a testy exchange between one justice and a deputy attorney general.

The Supreme Court heard argument Wednesday in the consolidated cases, captioned Commonwealth v. Rivera and Commonwealth v. Cooper-Reid, to determine what standard appellate courts should apply when reviewing double-jeopardy claims that arise after a case is tossed for prosecutorial misconduct.