Does the Fifth Amendment preclude a retrial if the evidence at trial was insufficient?
California, United States of America
The following excerpt is from People v. Joiner, D064432 (Cal. App. 2014):
"[T]he Fifth Amendment [to the United States Constitution] precludes retrial if a court determines the evidence at trial was insufficient to support a conviction as a matter of law. [Citation.] Thus, an appellate ruling of legal insufficiency is functionally
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equivalent to an acquittal and precludes a retrial." (People v. Hatch (2000) 22 Cal.4th 260, 272.)
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