Maryland

Benton v. Maryland in Maryland Law

How Benton v. Maryland applies in Maryland: state-specific rules, key cases, and bar exam notes for Criminal Law.

State Approach

In Maryland, the principle established in Benton v. Maryland regarding double jeopardy is strictly adhered to. The Maryland courts follow the federal interpretation, ensuring that retrials after acquittal or conviction only occur under certain exceptions.

State Rule
Under Maryland law, once a defendant has been acquitted of a charge, they cannot be retried for the same offense unless significant new evidence arises or procedural errors necessitate a new trial.
Significant State Cases

State v. Fennell

The Maryland Court of Appeals held that a second trial after a mistrial declared due to jury deadlock was permissible, provided the defendant's due process rights were preserved.

State v. Canal

In this case, the court reaffirmed that an acquittal bars retrial of the same offense unless a clear exception applies, emphasizing the protection against double jeopardy.

Latham v. State

The Maryland court ruled that the principles of double jeopardy apply even when charges are refiled after procedural dismissals, underscoring the finality of acquittal.

Comparison to Federal Law

Maryland's approach to double jeopardy closely mirrors the federal standard established by the U.S. Supreme Court in Benton. Both jurisdictions bar retrial when a verdict of acquittal has been reached, reinforcing the protection against multiple punishments for the same offense.

Bar Exam Note

Understanding the application of double jeopardy as set forth in Benton v. Maryland is crucial for the Maryland bar exam, as it addresses fundamental protections under both state and federal law.

Practice Pointers
  • Always analyze whether an acquittal has occurred before considering retrial in any criminal case.
  • Be aware of the exceptions to double jeopardy that could allow for retrials under Maryland law.
  • Familiarize yourself with significant Maryland cases interpreting double jeopardy to understand local precedents.

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