KENDALL v. STATE

No. 2, September Term, 2012.

56 A.3d 223 (2012)

429 Md. 476

Angela Jones KENDALL v. STATE of Maryland.

Court of Appeals of Maryland.

November 27, 2012.


Attorney(s) appearing for the Case

Leigh R. Melton ( Jesse B. Hammock of Parker, Counts, Melton & Goodman, P.C., Easton, MD), on brief, for petitioner.

Scott G. Patterson , Special Asst. Atty. Gen. ( Douglas F. Gansler , Atty. Gen. of Maryland, Baltimore, MD), on brief, for respondent.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, BARBERA and McDONALD, JJ.


McDONALD, J.

The prohibition against double jeopardy, an important protection provided by the federal Constitution and our common law, precludes further prosecution of a defendant on a charge following an acquittal on that charge. That protection is triggered not only by a properly-labeled "acquittal" but also by a "ruling of the judge, whatever its label, [that] actually represents a resolution, correct or not, of some or all of the factual elements of the offense...

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