Gillis v. State

ELDRIDGE, Judge,

dissenting:

In my view, the Maryland murder prosecution was precluded by common law double jeopardy principles and Article 5 of the Maryland Declaration of Rights. See my dissenting opinion in Evans v. State, 301 Md. 45, 58-61, 481 A.2d 1135, 1141-1143 (1984), cert. denied, 470 U.S. 1034, 105 S.Ct. 1411, 84 L.Ed.2d 795 (1985), with which I continue to adhere. See also Bailey v. State, 303 Md. 650, 664, 496 A.2d 665, 672 (1985) (Eldridge, J., dissenting).

Because I believe that the motion to dismiss should have been granted on double jeopardy grounds, I do not reach the defendant’s argument based on the Full Faith and Credit Clause of the federal constitution.