State v. Frazier

ROSALYN B. BELL, Judge.

The sole question presented here is whether a judge of the Circuit Court for Montgomery County erred by dismissing criminal charges against Charles and Marshall Frazier. The judge who presided at the Fraziers’ trial (trial judge) declared a mistrial after defense counsel asked a cross-examination question that the trial judge thought was impermissible in light of his prior evidentiary ruling. The judge who dismissed the case (motions judge)1 determined that *121retrial of the Fraziers would violate the constitutional prohibition against double jeopardy. We affirm the…