Burks v. United States
- Decided
- June 14, 1978
- Docket
- 76-6528
- Status
- Published
- Jurisdiction
- Federal
Cited 4,912 timesNo negative treatment found in this library
What later courts said
- holding that the jeopardy clause bars retrial when the prosecution failed to supply sufficient evidence to merit conviction — State v. Savage (1996)
- holding that “the Double Jeopardy Clause precludes a second trial once the reviewing court has found the evidence legally insufficient” — O'Laughlin v. O'Brien (2009)
- holding that Double Jeopardy Clause bars retrial where appellate court finds evidence at first trial insufficient to support conviction — Hoffler v. Bezio (2013)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Mr. Chief Justice Burger delivered the opinion of the Court.
We granted certiorari to resolve the question of whether an accused may be subjected to a second trial when conviction in a prior trial was reversed by an appellate court solely for lack of sufficient evidence to sustain the jury’s verdict.
I
Statutes cited
Cite this
Burks v. United States, 437 U.S. 1 (1978)Read the full opinion
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