Section 30.20 Insufficiency of Evidence
Library | Criminal Practice 2012 Supp |
1. (§30.20) Insufficiency of Evidence
Double jeopardy is not offended by the retrial of a defendant who has succeeded in having a conviction reversed on appeal. United States v. Ball, 163 U.S. 662, 672 (1896); State v. Akers, 877 S.W.2d 147 (Mo. App. S.D. 1994). In Burks v. United States, 437 U.S. 1 (1978), the United States Supreme Court provided an exception to this rule when it held that the double jeopardy clause prohibits retrial when a defendant’s conviction is overturned on grounds that the evidence...
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- Section 30.1 Introduction
- Section 30.2 Anticipation of the Possibility of a New Trial
- Section 30.3 Discovery
- Section 30.4 Protecting the Record
- Section 30.5 Change of Judge or Venue
- Section 30.6 Procurement and Use of Transcript of Prior Trial
- Section 30.7 Witness Other Than Defendant
- Section 30.8 Defendant’s Prior Testimony
- Section 30.9 Introduction
- Section 30.10 Impaneling of Jury
- Section 30.11 Preliminary Hearing
- Section 30.12 Nolle Prosequi
- Section 30.13 “Manifest Necessity”
- Section 30.14 Mistrial Upon Motion of Defendant
- Section 30.15 Mistrial as Result of Hung Jury
- Section 30.16 Right to Speedy Trial in Subsequent Prosecution
- Section 30.17 On Verdict
- Section 30.18 Insufficient Indictment or Information
- Section 30.19 Conviction of Lesser Offense
- Section 30.20 Insufficiency of Evidence
- Section 30.21 Sentencing
- Section 30.22 Multiple Charges—Identity of Offenses
- Section 30.23 Multiple Prosecutions
- Section 30.24 Multiple Punishments in Single Prosecutions
- Section 30.25 Conspiracy
- Section 30.26 Different Sovereigns
- Section 30.27 Collateral Estoppel
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