Legal Opinion

Scott v. State

Court of Appeals of Maryland

Decided July 10, 2017No. 91/16PublishedCited by 17 opinions

1Opinion of the CourtWatts, J.

Both the Fifth Amendment to the Constitution of the United States and the common law of Maryland provide for a prohibition on double jeopardy. A plea of autrefois acquit is a common-law plea in which a defendant alleges to have been previously acquitted of an offense, and, as a result, that he or she may not be tried again. See Scriber v. State, 437 Md. 399, 403, 86 A.3d 1260, 1262 (2014). 1 Under a valid plea of autrefois acquit, the State cannot reprosecute a defendant after an acquittal. The doctrine of collateral estoppel is a common-law doctrine that, in a criminal case, prohibits “the…

2Cases cited38 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  3. Burks v. United StatesSupreme Court of the United States · 1978
  4. Alleyne v. United StatesSupreme Court of the United States · 2013
  5. Ashe v. SwensonSupreme Court of the United States · 1970

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3Cited by17 opinions

  1. Sabisch v. MoyerCourt of Appeals of Maryland · 2019
  2. State v. FrazierCourt of Appeals of Maryland · 2020
  3. State v. RovinCourt of Appeals of Maryland · 2021
  4. State v. StewartCourt of Appeals of Maryland · 2019
  5. Baltimore Cnty. v. QuinlanCourt of Appeals of Maryland · 2019

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