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PULLEY v. STATE

[No. 81, September Term, 1979.]

287 Md. 406 (1980)

412 A.2d 1244

RODNEY KING PULLEY v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided April 10, 1980.

Attorney(s) appearing for the Case

Thomas J. Saunders, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

Stephen Rosenbaum, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.

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

We granted certiorari in this criminal cause to determine: 1) what time constraints, if any, are validly imposed by Maryland Rule 736, or otherwise, on a defendant asserting a claim that the pending prosecution against him is barred by the double jeopardy clause of the fifth amendment to the United States Constitution; and 2) whether, upon an immediate appeal being noted from the pretrial denial of such a claimed fifth...

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