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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.