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BUTLER v. STATE

No. 75, September Term, 1992.

335 Md. 238 (1994)

643 A.2d 389

MICHAEL BUTLER v. STATE OF MARYLAND.

Court of Appeals of Maryland.

June 27, 1994.

Attorney(s) appearing for the Case

Mark Colvin, Asst. Public Defender (Stephen E. Harris, Public Defender, both on brief), Baltimore, for petitioner.

Cathleen C. Brockmeyer, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., both on brief), Baltimore, for respondent.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI and BELL, JJ.

CHASANOW, Judge.

We granted Michael Butler's petition for a writ of certiorari to decide whether the doctrine of collateral estoppel bars the State from retrying Butler for various counts on which the jury deadlocked at his former trial. Butler contends that, by finding him guilty of being an accessory after the fact in that trial, the jury determined that he was not a principal in the offenses on which the jury was unable to reach a verdict. For the reasons discussed...

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