Hubbard v. State

In this appeal from the Circuit Court for Cecil County, appellants Gary Eugene Earl, Jr. (Earl) and Kevin Leon Hubbard (Hubbard) present us with the question of “[w]hether appellants’ constitutional protections against double jeopardy would be violated by a retrial because the [circuit court] was unjustified in finding a manifest necessity for declaring a mistrial[?]” For the reasons that follow, we answer “no” to this question and remand for further proceedings in the circuit court.

Relevant Procedural History

Appellants and a man named Edward Wallace Benson, III, were charged with attempted…