Legal Opinion
Lykins v. State
Court of Appeals of Maryland
Decided June 23, 1980No. [No. 111, September Term, 1979.]PublishedCited by 30 opinions
1Opinion of the CourtSmith, J.
Cole and Davidson, JJ., concur in part and dissent in part. Davidson, J., filed an opinion concurring in part and dissenting in part at page 87 infra, in which Cole, J., joins.
We shall here hold that there is a difference between the circumstances which bar a prosecution, requiring dismissal of an indictment, from those which only bar a prosecutor, although both may involve actions of the prosecutor. In the former situation the indictment or information is dismissed. In the latter situation there is no dismissal of the indictment or information, but the prosecutor is disqualified and the…
2Cases cited14 opinions
- Cuyler v. SullivanSupreme Court of the United States · 1980
- Everhart v. StateCourt of Appeals of Maryland · 1975
- Brack v. WellsCourt of Appeals of Maryland · 1944
- Coblentz v. StateCourt of Appeals of Maryland · 1933
- Murphy v. YatesCourt of Appeals of Maryland · 1976
9 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- State Ex Rel. McClanahan v. HamiltonWest Virginia Supreme Court · 1993
- Alexis v. StateCourt of Appeals of Maryland · 2014
- Oglesby v. StateCourt of Appeals of Maryland · 2015
- State Ex Rel. Keenan v. HatcherWest Virginia Supreme Court · 2001
- State v. LenarzSupreme Court of Connecticut · 2011
25 more not listed; retrieve them via the Exa API.