Wynn v. State

RAKER, Judge.

In this case, we must decide whether a trial court, following a mistrial, may dismiss an indictment in a criminal case in response to the State’s violation of a pre-trial scheduling *425order. The Court of Special Appeals held that the Circuit Court for Montgomery County erred in granting Wynn’s motion to dismiss the indictment with prejudice. We agree and affirm.

I

Around midnight on July 2, 2002, traffic was stalled on Interstate 270 in Montgomery County as construction compelled drivers to merge from three lanes into one. This case concerns two drivers from amongst the many who…