State v. Johnson

BATTAGLIA, Judge.

We are tasked to determine whether the rule of consistency bars the respondent’s conviction of conspiracy to commit murder when all of the named co-conspirators were acquitted of conspiracy in a prior and separate trial. Consistent with our decision in Gardner v. State, 286 Md. 520, 408 A.2d 1317 (1979), we hold that the rule of consistency is inapplicable to verdicts issued in separate trials. Thus, despite the acquittal of all of the respondent’s named co-conspirators in a prior trial, the respondent’s conviction for conspiracy is legally valid.

I. Background

A. Facts

On June…