STATE OF MARYLAND v. KENNETH HART
Court of Appeals, Greene, August 19, 2016,
Mistrial – Absence of Defendant – Court acceptance of partial verdict by jury in absence of Defendant without exploring voluntariness of absence was not “manifest necessity” and barred retrial on deadlocked count
ANTONIO W. JOHNSON v. STATE OF MARYLAND
Court of Special Appeals, Kehoe, July 28, 2016,
Double Jeopardy – Manifest Necessity – Where defense counsel presents a detailed, exculpatory narrative in opening and then calls no witness, no abuse of discretion in mistrial
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BRYANT WALLS v. STATE OF MARYLAND
Court of Special Appeals, D Eyler, July 27, 2016,
Mistrial – Rejection of proposed instruction remedy does not waive right to appeal denial of mistrial unless instruction would have been curative.
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STATE OF MARYLAND v. MICHAEL M. JOHNSON
Court of Special Appeals, Wright, June 29, 2016,
Jurisdiction – A court has no jurisdiction to rule on a motion made in a criminal proceeding where a mistrial was granted and jury discharged
(Dissent – Friedman – any acquittal should bar retrial so long as there is personal and subject-matter jurisdiction)
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