State v. Pike

Eldridge, J., delivered the opinion of the Court. William DuWayne Pike, the defendant-appellee in this criminal case, was accused in a ten count indictment (No. 19601) of various criminal offenses. The charges were all based upon one continuous episode involving the alleged abduction of a woman and performance of third degree sexual offenses upon her. At the defendant’s trial in the Circuit Court for Prince George’s County, before the case was submitted to the jury, a judgment of acquittal was granted as to count 10, the State nolle prossed counts 1, 3 and 8, and count 5 was dismissed by the court on its own motion. 1 Counts 2, 4, 6, 7 and 9 were submitted to the jury. ¹²² The jury acquitted the defendant on count 7, convicted him on count 9, and was unable to reach verdicts on counts . 2, 4 and 6.

The court then declared a mistrial on counts 2, 4 and 6, and granted the defendant a new trial on count 9. The defendant was then charged in a one count indictment (No. 20080) with kidnapping. This indictment was based upon the same episode which gave rise to the other charges in case No. 19601. For purposes of trial, No. 20080 was consolidated with the re-trial on counts 2, 4, 6 and 9 in No. 19601.

The defendant filed special pleas of “former jeopardy” and “autrefois acquit” in both cases, along with “motions to bar further prosecution” in the cases. On April 30,1979, the trial court dismissed indictment No. 20080, and the docket entries reflect an order of dismissal on that date. On May 7,1979, the court filed a six-page “Memorandum And Order Of Court” in case No. 19601. The circuit court held that further prosecution on counts 2, 4 and 9 was barred by double jeopardy principles and the holding in Blondes v. State, 273 Md. 435 , 330 A.2d 169 (1975).

In addition, the circuit court held that further prosecution on count 6 was barred by principles of collateral estoppel, as set forth in Ashe v. Swenson, 397 U.S. 436 , 90 S. Ct. 1189 , 25 L. Ed. 2d 469 (1970). See also Powers v. State, 285 Md. 269 , 401 A.2d 1031 , cert. denied, 444 U.S. 937 , 100 S. Ct. 288 , 62 L. Ed. 2d 197 (1979). The circuit court’s “Memorandum And Order” concluded: “ORDERED, that the prosecution of the defendant, William DuWayne Pike, in C.T. No. 19601, on Counts 2, 4, 6 and 9 be, and hereby is, barred.” This was the last document issued by the circuit court in case No. 19601. No order dismissing the indictment was signed or entered on the docket in the case.

The State on May 16, 1979, took appeals to the Court of Special Appeals in both cases. Because of the double jeopardy and collateral estoppel issues