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HUBBARD v. STATE

Nos. 258, September Term, 2004, 446, September Term, 2004.

887 A.2d 1120 (2005)

166 Md. App. 250

Kevin Leon HUBBARD v. STATE of Maryland. Gary Eugene Earl, Jr. v. State of Maryland.

Court of Special Appeals of Maryland.

December 8, 2005.

Attorney(s) appearing for the Case

Allen E. Burns (Nancy S. Forster, Public Defender, on brief), for appellant.

Shannon E. Avery (J. Joseph Curran, Jr., Atty. Gen., on brief), for appellee.

Panel MURPHY, C.J., JAMES S. GETTY, (Ret'd, specially assigned), LAWRENCE F. RODOWSKY, (Ret'd, specially assigned), JJ.

MURPHY, C.J.

In this appeal from the Circuit Court for Cecil County, appellants Gary Eugene Earl, Jr. (Earl) and Kevin Leon Hubbard (Hubbard) present us with the question of "[w]hether appellants' constitutional protections against double jeopardy would be violated by a retrial because the [circuit court] was unjustified in finding a manifest necessity for declaring a mistrial[?]" For the reasons that follow, we answer "no" to this question and remand for further...

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