Constitutional Criminal Law—Double Jeopardy—Appellate Court Acquittal Accorded Same Finality as Trial Court Acquittal; Retrial Permitted After Defendant Seeks Dismissal

Note by James P. Naughton

Petitioner Burks was convicted of bank robbery by jury in a United States district court. The Sixth Circuit Court of Appeals reversed and remanded for possible retrial, citing the Government's failure to rebut petitioner's prima facie defense of insanity. The United States Supreme Court reversed and unanimously held that where an appellate court reverses a conviction on the ground of insufficient evidence, a retrial violates the double jeopardy clause of the fifth amendment and thus, the petitioner must be acquitted. Burks v. United States, 98 S. Ct. 2141 (1978).

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About the Author

James P. Naughton.

Citation

53 Tul. L. Rev. 598 (1979)

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