Legal Opinion
State v. Despertt
Court of Special Appeals of Maryland
Decided January 14, 1988No. 560, September Term, 1987PublishedCited by 7 opinions
1Opinion of the Court
GILBERT, Chief Judge.
Paraphrasing Gertrude Stein, 1 “An acquittal is an acquittal is an acquittal is an acquittal” which, if reprosecuted, constitutes double jeopardy, double jeopardy, double jeopardy, double jeopardy.
James A. Despertt was indicted by the grand jury for Montgomery County for the offenses of 1) daytime housebreaking, 2) theft, and 3) conspiracy to commit daytime housebreaking. Despertt opted for a non-jury trial in the circuit court before Judge James McAuliffe, at which the State elected to make an opening statement. When the prosecutor concluded that statement, the judge…
2Cases cited13 opinions
- Benton v. MarylandSupreme Court of the United States · 1969
- Tibbs v. FloridaSupreme Court of the United States · 1982
- United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
- United States v. BallSupreme Court of the United States · 1896
- Fong Foo v. United StatesSupreme Court of the United States · 1962
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. TaylorCourt of Appeals of Maryland · 2002
- In Re Steven B.Court of Special Appeals of Maryland · 1990
- Payne v. StateCourt of Special Appeals of Maryland · 1988
- State v. DaffCourt of Special Appeals of Maryland · 1988
- Middleton v. StateCourt of Special Appeals of Maryland · 1988
2 more not listed; retrieve them via the Exa API.