What is the state's argument in a motion to dismiss a charge of first-degree murder after a mistrial?

Mannes argues the dismissal was based on a determination the evidence presented at trial was legally insufficient to support a verdict of guilty of murder. The state argues dismissal was based on the "weight," rather than the "sufficiency" of the evidence or was based on the views of the trial judge acting as a "13th juror." Reversal of a conviction as against the weight, rather than the sufficiency, of the evidence does not prevent retrial, Tibbs v. Florida, 457 U.S. 31, 42-45, 102 S.Ct. 2211, 2218-20, 72 L.Ed.2d 652 (1982); Hudson, 450 U.S. at 43-35, 101 S.Ct. at 972-73 & n. 5, and the state argues the same distinction should apply to the dismissal of charges after a mistrial.