Evans v. Michigan
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Nov 6, 2012
|Feb 20, 2013||8-1||Sotomayor||OT 2012|
Holding: The Double Jeopardy Clause bars retrial following a court-directed acquittal, even if the acquittal was erroneous.
Plain English Summary:
Judgment: Reversed, 8-1, in an opinion by Justice Sotomayor on February 20, 2013. Justice Alito filed a dissenting opinion.
- Opinion recap: Reaffirming double jeopardy’s line between “substantive” and “procedural” dismissals (Steve Vladeck)
- Argument recap: Court weighs its choices in double jeopardy case (Steve Vladeck)
- Argument preview: Double jeopardy and the distinction between the correct and incorrect elements of the charged offense (Steve Vladeck)