WYNN v. STATE

No. 115, September Term, 2004.

879 A.2d 1097 (2005)

388 Md. 423

Kareem WYNN v. STATE of Maryland.

Court of Appeals of Maryland.

August 11, 2005.


Attorney(s) appearing for the Case

Stephen B. Mercer (Rene Sandler, Sandler & Mercer, P.C., Rockville; William G. McLain, Washington, DC), on brief for Petitioner.

Kathryn Grill Graeff, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Baltimore), on brief for Respondent.

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


RAKER, Judge.

In this case, we must decide whether a trial court, following a mistrial, may dismiss an indictment in a criminal case in response to the State's violation of a pre-trial scheduling order. The Court of Special Appeals held that the Circuit Court for Montgomery County erred in granting Wynn's motion to dismiss the indictment with prejudice. We agree and affirm.

I.

Around midnight on July 2, 2002, traffic was stalled on Interstate 270...

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