Does the Double Jeopardy Clause preclude a defendant from a retrial if the evidence is insufficient to support his claim?
California, United States of America
The following excerpt is from Leonard M., In re, 149 Cal.Rptr. 791, 85 Cal.App.3d 887 (Cal. App. 1978):
In Burks v. United States (1978) --- U.S. ----, 98 S.Ct. 2141, 57 L.Ed.2d 1, our nation's highest court declared that if a reviewing court reverses a defendant's conviction on the ground of insufficiency of the evidence to sustain the conviction, the Double Jeopardy Clause of the United States Constitution precludes a retrial.
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