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Criminal procedure — Double jeopardy — State’s appeal of dismissal order

Appellee, Ryan Christopher Hallihan (“Hallihan”) was charged, in a criminal information filed in Worcester County, with nine crimes. The four that are here of interest are: First Degree Burglary (Count I); First Degree Assault against Dennis Joseph Smith (Count IV); First Degree Assault against Stacy Marie Smith (Count V); and Reckless Endangerment (Count VIII). Hallihan, by counsel, filed a motion to dismiss the aforementioned four counts.

A hearing to consider the motion was held in the Circuit Court for Worcester County, Maryland. The matter was taken under advisement and, on May 28, 2014, the court dismissed Counts I, IV, V, and VIII. Appellant, the State of Maryland, entered the remaining five Counts nolle prosequi. The State then filed this appeal.

Read the opinion here: