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GATEWOOD v. STATE

No. 107, Sept. Term, 2004.

880 A.2d 322 (2005)

388 Md. 526

Troy Arness GATEWOOD v. STATE of Maryland.

Court of Appeals of Maryland.

August 15, 2005.

Attorney(s) appearing for the Case

Bradford C. Peabody, Asst. Public Defender (Nancy S. Forster, Public Defender, on brief), for petitioner.

Edward J. Kelley, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), for respondent.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.

HARRELL, J.

The Circuit Court for Cecil County conducted a jury trial in 2003 for Troy Arness Gatewood who stood charged with three counts of possession and three counts of distribution of a controlled dangerous substance (CDS). After voir dire was completed, Gatewood moved to disqualify the prosecutor, the State's Attorney for Cecil County, Christopher Eastridge, Esquire,1 because Eastridge, while employed as a

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