· 9/20/2023
Kevin Boatswain v. Robert Miller
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding Double Jeopardy Clause prevents State from retrying defendant after conviction has been reversed by appellate court on ground that evidence introduced at prior trial was insufficient, as matter of law, to sustain jury's verdict
- holding double jeopardy clause also bars subsequent retrial of lesser-included offense
- holding double jeopardy clause also bars subsequent retrial of lesser-included offense
- holding double jeopardy clause also bars subsequent retrial of lesser-included offense
- remanding for federal appellate court to determine whether state supreme court reversed the conviction on the ground of insufficient evidence or for trial error
- applying the holding of Burks in a habeas-corpus challenge to a state-court No. 04-3280 Patterson v. Haskins Page 5 conviction
Source: CourtListener parenthetical corpus (CC0).
Judges: Mitchell M.
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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