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Criminal procedure — Double jeopardy — Mistrial

Nicholas Perkins, appellant, was indicted in the Circuit Court for Prince George’s County on several charges. At trial, the prosecutor for the State delivered an opening statement in which she asserted that a witness would testify about an incriminating admission allegedly made by Perkins prior to trial that had not been disclosed during discovery. The next day, Perkins requested a mistrial, which the court granted.

Perkins thereafter filed a motion to dismiss the indictment, arguing that any retrial on the charges was barred by double jeopardy. Following a hearing, the court denied Perkins’s motion, and Perkins appealed. Perkins presents the following question for our review: Did the circuit court err in denying appellant’s motion to dismiss based on double jeopardy?

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