State v. Baker

State of Maryland v. Andrew Daniel Baker, No. 55, September Term, 2016. Opinion by Getty, J. CRIMINAL LAW & PROCEDURE — FIFTH AMENDMENT — DOUBLE JEOPARDY — MANIFEST NECESSITY Trial court abused its discretion by declaring sua sponte mistrial over defendant’s objection after learning that State’s key witness, who was refusing to testify, was represented in a related pending criminal case by the prosecutor’s brother, a public defender. Mistrial was not supported by manifest necessity where trial court failed to consider, on the record, whether reasonable alternatives to a mistrial existed and…