Pulley v. State

We granted certiorari in this criminal cause to determine: 1) what time constraints, if any, are validly imposed by Maryland Rule 736, or otherwise, on a defendant asserting a claim that the pending prosecution against him is barred by the double jeopardy clause of the fifth amendment to the United States Constitution; and 2) whether, upon an immediate appeal being noted from the pretrial denial of such a claimed fifth amendment bar, a trial on the general issue conducted to final conclusion during the pendency of that appeal is a nullity. Since, even assuming that the time requirements of…