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NICHOLSON v. STATE

No. 1781, Sept. Term, 2003.

850 A.2d 1204 (2004)

157 Md. App. 304

William NICHOLSON v. STATE of Maryland.

Court of Special Appeals of Maryland.

June 8, 2004.

Attorney(s) appearing for the Case

Lawrence B. Rosenberg (Jack B. Rubin, Flynn M. Owens on the brief), Baltimore, for Appellant.

Steven L. Holcomb (J. Joseph Curran, Jr., Atty. Gen. on the brief), Baltimore, for Appellee.

Panel: MURPHY, C.J., SONNER, and WILLIAM W. WENNER (retired, specially assigned) JJ.

SONNER, Judge.

This interlocutory appeal comes to us with a request that we apply the Double Jeopardy Clause of the Fifth Amendment of the U.S. Constitution to prohibit the State from trying William Nicholson on several counts involving illegal possession of cocaine. He alleges that the prosecution "goaded" him into withdrawing his guilty plea, which he had entered earlier, and because of that alleged goading, the court below should have dismissed the indictment and...

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