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CLAYTON D. COLKLEY v. STATE OF MARYLAND

Criminal procedure — Motion to dismiss — Double jeopardy

On two separate occasions, a jury in the Circuit Court for Baltimore City convicted Clayton D. Colkley, appellant, of second degree murder, attempted first degree murder, conspiracy to commit murder, and related weapons offenses. Both convictions were reversed and remanded on appeal. At appellant’s third trial, the Honorable Edward R.K. Hargadon declared a mistrial at the request of the defense. Appellant then filed a motion to dismiss on grounds of double jeopardy. Following a hearing on December 3, 2015, the court denied the motion. Appellant filed a timely appeal and presents two questions for our review, which have been reduced to one and rephrased:

1. Did the trial court err in denying Mr. Colkley’s motion to dismiss on double jeopardy grounds?

Read the opinion here