Burks v. United States case brief

Burks v. United States case brief summary
437 U.S. 1 (1978)

CASE SYNOPSIS

Petitioner challenged a decision of the United States Court of Appeals for the Sixth Circuit reversing his conviction, but remanding the case against him to the district court for a determination of whether a directed verdict of acquittal should be entered or a new trial ordered.

CASE FACTS
Petitioner was convicted of robbing a federally insured bank. The court of appeals reversed his conviction because the evidence was insufficient to support the verdict. Rather than terminating the case, the court remanded the action so that a determination could be made whether a directed verdict of acquittal should be entered or a new trial ordered. Petitioner contended that the Double Jeopardy Clause precluded another trial because the appellate court found the evidence legally insufficient, which was the equivalent of a judgment of acquittal.

DISCUSSION

• The Court reversed the decision to remand the action to the district court and instead remanded the action to the appellate court for judgment of acquittal. 
• The prosecution could not be afforded another opportunity to convict petitioner after it had been given an opportunity to offer its evidence. 
• It made no difference that the determination of evidentiary insufficiency was made by the appellate court because the double jeopardy considerations were the same.

CONCLUSION

The Court reversed the decision remanding the case to the district court because the Double Jeopardy Clause precluded another trial once the appellate court found the evidence legally insufficient to support the verdict. The Court remanded the action to the court of appeals to enter a judgment of acquittal.

Recommended Supplements for Criminal Procedure Criminal Procedure: Examples & Explanations, Sixth Edition
Emanuel Law Outline: Criminal Procedure