GEORGE DORAN NOTTINGHAM v. STATE OF MARYLAND
Court of Special Appeals, Sharer, Filed Apr. 27, 2016,
Affray – The common-law crime of “affray” requires voluntarily entering into a fight “likely to strike terror in people,” which may be inferred where the fight occurs in a public place.

Affray – The common-law crime of affray consists of: the fighting together, of 2 or more persons, either by mutual consent or otherwise, in some public place, to the terror of the people.

Affray – “To the terror of the people” means that the fight was likely to strike terror in anyone, not that it actually did. This may be presumed where the fight occurs in a public place.

Affray – Affray is not a lesser included of either assault or reckless endangerment

Speedy Trial – Where the State acts in good faith entering a nolle prosse, the speedy trial “clock” beings anew from the filing of the new charging document.

Speedy Trial – Speedy Trial claim for a mistrial generally begins “at the time when the mistrial was declared”

Speedy Trial – The State acts in good faith where it dismisses a case in order to change a charging document.