Muni-mail – Mistaken directed verdict invokes double jeopardy

[2/25/13 03:13 PM] Last week’s judgment in Evans v. Michigan in the U.S. Supreme Court presents a relevant wrinkle for New Jersey attorneys.   In Evans, the judge made a mistake about state law that resulted in acquittal.

In the 8-1 opinion by Justice Sotomayor (with the lone dissent filed by Justice Alito), the Court says Michigan cannot retry a case thrown out by a trial judge by mistake (the mistake in Evans came when the judge misstated the level of proof required of the state prosecutors).

The Double Jeopardy Clause bars retrial after a court-directed acquittal, even if the acquittal was erroneous.

To download the opinion, click below.
http://www.supremecourt.gov/opinions/12pdf/11-1327_7648.pdf

Category: Muni-Mail Archive