Booth v. State
Citation | 481 A.2d 505,301 Md. 1 |
Decision Date | 01 September 1984 |
Docket Number | No. 62,62 |
Parties | John BOOTH a/k/a Marvin Booth a/k/a William Booth v. STATE of Maryland. , |
Court | Court of Appeals of Maryland |
Adrienne E. Volenik, Asst. Public Defender, Baltimore (Alan H. Murrell, Public Defender, Baltimore, on brief), for appellant.
Deborah K. Chasanow, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen., Baltimore, on brief), for appellee.
Argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ.
For reasons to be stated in an opinion later to be filed, it is this 10th day of July, 1984
ORDERED, by the Court of Appeals of Maryland, that the order of the Circuit Court for Baltimore City denying the motion to dismiss the indictment be, and it is hereby, affirmed; and it is further
ORDERED that the mandate shall issue forthwith, costs to be paid by the appellant.
We are here presented with the question whether the Circuit Court for Baltimore City erred in denying appellant John Booth's motion to dismiss indictments against him on federal double jeopardy grounds. By per curiam order dated July 10, 1984, we affirmed the order of the Circuit Court for Baltimore City denying the motion to dismiss. We now give our reasons for that determination.
Booth was charged with two counts of first degree murder, involving the May 18, 1983, deaths of Irvin and Rose Bronstein; two counts of robbery with a deadly weapon; and conspiracy. Certain discovery motions were heard, and the case came on for trial before a jury in April, 1984. After the state completed its case in chief and rested appellant moved for a mistrial, contending certain exculpatory material in the state's possession had been withheld until trial to appellant's prejudice. The trial judge considered the matter and concluded that since the state had failed to provide the information to the defense, and since this was a death penalty case, he would grant the motion. In doing so, the trial judge stated:
Within a few days thereafter appellant moved to dismiss the indictments alleging that a second trial would violate his double jeopardy right guaranteed by the Fifth Amendment to the United States Constitution. Appellant claimed he was "goaded" into seeking a mistrial of the earlier trial. A hearing was held on this motion. Testimony was taken to explain why certain material was not turned over to appellant. The trial judge thereafter denied appellant's motion, stating:
An appeal from the denial was taken. We issued the writ of certiorari before consideration of the case by the Court of Special Appeals.
As noted above, the appellant bases his argument on federal constitutional grounds, and well he might. In Cornish v. State, 272 Md. 312, 316, 322 A.2d 880, 883 (1974), Judge Eldridge, speaking for the Court, observed in footnote 2:
See also Ward v. State, 290 Md. 76 at 85-86, 89-91, 427 A.2d 1008 (1981).
Of course in Benton, supra, the United States Supreme Court, for the first time, held that the double jeopardy prohibition of the Fifth Amendment should apply to the states through the Fourteenth Amendment.
The general rule applicable to an issue such as is present here is that a retrial is not normally barred by the prohibition against double jeopardy where the defendant sought or consented to the mistrial. Cornish, supra; Bell v. State, 286 Md. 193, 406 A.2d 909 (1979). See also Judge Moylan's thorough discussion of this issue in West v. State, 52 Md.App. 624, 451 A.2d 1228 (1982). Nevertheless, a well recognized exception to the general rule arises where there is judicial or prosecutorial overreaching.
In 1982, the United States Supreme Court definitively set forth the standard to be followed when deciding the issue raised here. Justice Rehnquist, speaking for the Court in Oregon v. Kennedy, 456 U.S. 667, 679, 102 S.Ct. 2083, 2091, 72 L.Ed.2d 416, 427 (1982), stated:
This exception was recognized earlier by this Court in Bell, supra, where Judge Orth wrote for the Court:
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Booth v. State
...first trial of the charges against Booth, before Honorable James W. Murphy, ended in a mistrial on April 23, 1984. See Booth v. State, 301 Md. 1, 481 A.2d 505 (1984). At retrial, a jury presided over by Judge Edward J. Angeletti in the fall of 1984 heard both the guilt or innocence phase an......
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Johnson v. State
...allowed the state to commence a new trial against the defendant where that person sought or consented to a mistrial, Booth v. State, 301 Md. 1, 4, 481 A.2d 505, 506 (1984); Ward, supra, 290 Md. at 94-95, 427 A.2d at 1018. The reasoning behind these maxims is that the defendant should not be......
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Harris v. State
...jeopardy. Oregon v. Kennedy, 456 U.S. 667, 672-676, 102 S.Ct. 2083, 2087-2090, 72 L.Ed.2d 416, 422-425 (1982); Booth v. State, 301 Md. 1, 4-6, 481 A.2d 505, 506-507 (1984); Tichnell v. State, 297 Md. 432, 439-441, 468 A.2d 1, 5 (1983), cert. denied, 466 U.S. 993, 104 S.Ct. 2374, 80 L.Ed.2d ......
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State v. Taylor, No. 124
...misconduct. Scott, 437 U.S. at 93-94, 98 S.Ct. at 2195, 57 L.Ed.2d at 76; Ware, 360 Md. at 709, 759 A.2d at 795; Booth v. State, 301 Md. 1, 3, 481 A.2d 505, 506 (1984); Tichnell v. State, 297 Md. 432, 440-41, 468 A.2d 1, 5 (1983); Bell v. State, 286 Md. 193, 205-06, 406 A.2d 909, 915-16 (19......