Conrad Whitfield v. Warden of the Maryland House of Correction

BUTZNER, Circuit Judge:

The State of Maryland appeals from a judgment of the district court sustaining Conrad Whitfield’s claim of double jeopardy and consequently barring his retrial for murder and conspiracy to commit murder. Influenced in part by recent decisions not available to the district judge, we reverse. 1

The factual background is not complex. 2 The Circuit Court of Carroll County, Maryland, impaneled a jury to try Whitfield and Paul C. Baker jointly. At the close of the prosecution’s case, the jury recessed for lunch, and the court heard motions for judgments of acquittal. During…