State v. Bailey

I concur in the Court’s opinion. I write separately to express the view that the same result is reached through the application of a different, and appropriate, analysis.

The discontinuance of the original Maryland prosecution by the entry of a nolle prosequi was grounded on legitimate State interests, and represented a reasonable exercise of prosecutorial discretion. That action was not taken to harass the defendant, or to avoid a speedy trial problem, or otherwise taken in bad faith. Accordingly, the time that the defendant was not facing criminal charges in this State should not be…