Tibbs v. Florida
102 S. CT. 2211, 457 U.S. 31, 72 L. ED. 2D 652, 50 U.S.L.W. 4607, 1982.SCT.42344
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Publisher Description
We granted certiorari to decide whether the Double Jeopardy Clause bars retrial after a state appellate court sets aside a conviction on the ground that the verdict was against "the weight of the evidence." After examining the policies supporting the Double Jeopardy Clause, we hold that a reversal based on the weight, rather than the sufficiency, of the evidence permits the State to initiate a new prosecution.
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