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TABBS v. STATE

Nos. 1174 and 1197, September Term, 1978.

43 Md. App. 20 (1979)

403 A.2d 796

RICARDO RICKY TABBS v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided July 10, 1979.

Attorney(s) appearing for the Case

Albert D. Brault, Assigned Public Defender, with whom was Robert Anthony Jacques, Assigned Public Defender, on the brief, for appellant.

Ray E. Stokes, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, Andrew L. Sonner, State's Attorney for Montgomery County, and Judith Catterton, Assistant State's Attorney for Montgomery County, on the brief, for appellee.

The cause was argued before MORTON, MOYLAN and MASON, JJ.

MOYLAN, J., delivered the opinion of the Court.

The broad umbrella known as the law of double jeopardy envelops four distinct sub-doctrines: 1) classic former jeopardy, arising out of the common law pleas in bar of autrefois convict and autrefois acquit; 2) simultaneous jeopardy, involving largely issues of merger and multiple punishment; 3) retrial following mistrial and 4) collateral estoppel. It is the third of these — retrial after mistrial...

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