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LEE v. STATE

No. 322, September Term, 1980.

47 Md. App. 367 (1980)

423 A.2d 267

GILLIS LEE v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided December 12, 1980.

Attorney(s) appearing for the Case

Robert S. Sherman, with whom was Richard W. Winelander on the brief, for appellant.

Alexander L. Cummings, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, William Swisher, State's Attorney for Baltimore City, and Barbara Salkin, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before GILBERT, C.J., and MELVIN and WILNER, JJ.

GILBERT, C.J., delivered the opinion of the Court.

— THE ISSUE —

This appeal tests the perimeters of the second prong of the rule articulated in Bell v. State, 286 Md. 193, 406 A.2d 909 (1979), concerning the "bad faith conduct" of a prosecutor that causes a defendant to move for a mistrial.

— THE...

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