Hubbard v. State

Petitioners, Kevin Leon Hubbard and Gary Eugene Earl, Jr., seek review of a judgment of the Court of Special Appeals affirming the trial court’s granting of a mistrial based on manifest necessity. The trial judge had declared a mistrial over Petitioners’s objections because a witness, whose identification testimony against one defendant had been suppressed, was to be called by the State to testify against the co-defendant in a joint trial. We shall hold that the judge erred by declaring that a mistrial was manifestly necessary.

I. Introduction

Petitioners were indicted on December 11, 2002, in…