Our client was tried by jury in September 2022 with murder and other charges related to an alleged shooting.  After several days of deliberations, the jury told the court that it was unanimous on one count but unable to agree on others.  The court, at the State’s request, accepted the partial verdict.

Background on the Initial Trial

In open court, the foreperson announced a verdict of not guilty on second-degree murder, which was then confirmed by all twelve jurors in a poll.  The State then argued that the verdict was inconsistent with the directions on the verdict sheet and asked that the jury be sent back to resume deliberations.  The trial court agreed to the request, and after further deliberations failed to yield any verdict, the court granted the State’s request for a mistrial on all counts.

When the State sought to re-prosecute Silverman Thompson’s client, trial counsel Creston Smith moved to dismiss the murder charges as barred by double jeopardy, arguing that the jury had returned a valid acquittal on second-degree murder and that the verdict further required an acquittal on first-degree murder.  The trial court denied the motion, leading Mr. Smith’s team to file an interlocutory appeal.

Appealing the Mistrial

On appeal, Mr. Smith teamed with his colleague Todd Hesel, an appellate specialist, to argue that the foreperson’s announcement of an acquittal on second-degree murder, coupled with the confirmation of that verdict by polling all 12 jurors, constituted a final verdict that the trial judge had no discretion to reject. Thus, there was no valid basis for the trial court to declare a mistrial on the second-degree murder charge. 

Additionally, because the jury could not have acquitted our client of second-degree murder without necessarily finding that he was not guilty of first-degree murder, our client could not be retried on that charge either. 

The Appellate Court agreed in full with Creston Smith and Todd Hesel’s arguments and held that the Fifth Amendment’s Double Jeopardy Clause barred their client from being retried for first- or second-degree murder.

Read the opinion here: https://www.mdcourts.gov/sites/default/files/unreported-opinions/1689s23.pdf 

Contact Our Appeals and Criminal Defense Teams

For assistance with an appellate matter, contact Todd Hesel at thesel@silvermanthompson.com or 443-895-4195

For assistance with a criminal matter, contact Creston Smith at csmith@silvermanthompson.com or 410-385-9100

This recognition honors the top legal professionals in the field of Maryland criminal law who demonstrate exceptional expertise, leadership, and dedication to the justice system.

The Criminal Law Power List awards Maryland attorneys who have made significant contributions to criminal law, and whose work continues to shape the legal landscape. Mr. Smith’s inclusion in this distinguished list is a testament to his outstanding career in criminal defense law and his reputation for providing exceptional representation to his clients.

A former Baltimore public defender, Creston P. Smith has been a prominent figure in Maryland’s legal community for over two decades. His deep knowledge of criminal law, combined with his commitment to defending the rights of individuals, has earned him widespread recognition among colleagues, clients, and the judiciary.

Creson Smith’s ability to navigate the most challenging and intricate criminal cases is what sets him apart. Mr. Smith is known for his tireless advocacy and his ability to find innovative solutions to legal challenges.

“Creston Smith is one of the most impressive and accomplished criminal defense attorneys in Maryland. He has an encyclopedic memory for the law and the common sense to apply it to the facts of even the most complex cases. Over the last three years, he has won seven consecutive murder jury trials.  It would hard to find someone who is this equal to, much less better than, him.” –Senior Partner Brian G. Thompson

Throughout his career, Creston Smith has consistently been praised for his professionalism, integrity, and unwavering dedication to his clients. “I try to treat each client and their family with dignity and respect, I try to get to know my client as a person before I address any of the legal issues of a particular case,” says Mr. Smith.

The Criminal Law Power List serves as a platform to highlight the accomplishments of legal professionals who excel in their fields. Mr. Smith’s inclusion is the latest in a long line of accolades recognizing his commitment to justice and his legal expertise. Over the years, Mr. Smith has received numerous awards and honors, including recognition from local bar associations and national legal publications.

For more information about Creston P. Smith and Silverman Thompson’s criminal defense practice, you can contact him directly at csmith@silvermanthompson.com or 410-385-9100.