Payne v. State

MOYLAN, Judge.

Like the Trojan Horse through the gates of Troy, the appellant, Francis Stewart Payne, would like to slip a speedy trial claim prematurely into the appellate citadel disguised as a double jeopardy claim. It shall not pass.

The appellant was initially charged in Montgomery County under a three-count criminal information accusing him of 1) conspiracy to murder, 2) solicitation to murder, and 3) a related handgun offense. When the case was called for trial, the defense moved to dismiss the charges for failure to comply with Maryland Rule 4-271 (“the Hicks Rule”). The first trial…