Legal Opinion · Dissent

Kendall v. State

Court of Appeals of Maryland

Decided November 27, 2012No. 2Published

1Dissent

GREENE, J.,

dissenting, in which BELL, C.J. and BATTAGLIA, J., Join.

I disagree with the majority’s conclusion that the State was entitled to appeal the verdicts of acquittal entered by the District Court. It is well established under Maryland common law that, in a criminal trial, once jeopardy attaches and a verdict of acquittal is rendered intentionally, that verdict is final and may not be set aside.1 State v. Taylor, 371 Md. 617, *494633, 810 A.2d 964, 973 (2002) (citing State v. Shields, 49 Md. 301, 303 (1878)). In the instant case, the District Court judge had jurisdiction over the…

2Cases cited19 opinions

  1. Pugh v. StateCourt of Appeals of Maryland · 1974
  2. State v. ShieldsCourt of Appeals of Maryland · 1878
  3. Brooks v. StateCourt of Appeals of Maryland · 1984
  4. Block v. StateCourt of Appeals of Maryland · 1979
  5. State v. BargerCourt of Appeals of Maryland · 1966

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