TIBBS v. FLORIDA

No. 81-5114.

457 U.S. 31 (1982)

TIBBS v. FLORIDA

Supreme Court of United States.

Decided June 7, 1982.


Attorney(s) appearing for the Case

Louis R. Beller, by appointment of the Court, 454 U.S. 1078, argued the cause and filed a brief for petitioner.

Deborah A. Osmond, Assistant Attorney General of Florida, argued the cause pro hac vice for respondent. With her on the briefs were Jim Smith, Attorney General, and Michael A. Palecki, Assistant Attorney General.*


JUSTICE O'CONNOR delivered the opinion of the Court.

We granted certiorari to decide whether the Double Jeopardy Clause1 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...

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