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HUBBARD v. STATE

No. 7, Sept. Term, 2006.

909 A.2d 270 (2006)

395 Md. 73

Kevin Leon HUBBARD and Gary Eugene Earl, Jr. v. STATE of Maryland.

Court of Appeals of Maryland.

October 17, 2006.

Attorney(s) appearing for the Case

Michael R. Malloy, Asst. Public Defender (Nancy S. Forster, Public Defender, on brief), for petitioners.

Shannon E. Avery, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), for respondent.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.

BATTAGLIA, J.

Petitioners, Kevin Leon Hubbard and Gary Eugene Earl, Jr., seek review of a judgment of the Court of Special Appeals affirming the trial court's granting of a mistrial based on manifest necessity. The trial judge had declared a mistrial over Petitioners's objections because a witness, whose identification testimony against one defendant had been suppressed, was to be called by the State to testify against the co-defendant in a joint trial. We shall hold...

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