THEODORE SCOTT v. STATE OF MARYLAND
Court of Special Appeals, D Eyler, Oct. 26, 2016,
Double Jeopardy – Resentencing – Double jeopardy does not bar the State from introducing new evidence regarding the same prior conviction where the case was remanded back for resentencing.

CoA opinion — less interesting than I thought…

Don’t you hate it when you have a case on point from a binding authority and still lose? This case traces the boundaries and evolution of double jeopardy following appeal. The case draws a rather fine line, and it will be interesting to see what the CoA does with it. More on this later.

Facts: Predicate crime of violence was based on a DC statute with two forms, only one of which qualified as a Crime of Violence in Maryland,

Evidence – Where a statement of charges does not specify which of several modalities provided the basis for the conviction, it is insufficient to prove same.