Here is an interesting decision from the U.S. Supreme Court. Double Jeopardy applies if the Judge grants a directed verdict of acquittal for an element the prosecution failed to prove, that it didn’t have to prove. That’s an interesting way of looking at things.
Evans v. Michigan (8-1 Opinion by Justice Sotomayor on February 20, 2013. Dissent by Justice Alito.) Summary: The Court reversed the decision of the Supreme Court of Michigan. In a decision written by Justice Sotomayor, the Court held that the Double Jeopardy Clause bars a defendant from being retried where the trial court granted a directed verdict of acquittal when the prosecution failed to prove an element of the offense that, in actuality, it did not have to prove.
By: Landon J. Ascheman, Esq.
Landon@AschemanSmith.com
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