Former Acquittal
Strongest case for application of DJ prohibition
If jury acquits or judge grants motion of acquittal at trial level – that’s it, its over.
Even if judge makes tons of mistakes and D acquitted, government has no recourse.
Burks – DJ precludes second trial once reviewing court has found the evidence legally insufficient
government had full opportunity to present its case
should have had acquittal at trial level, and had jury acquitted him you surely can’t retry
therefore, finding at appellate level should have same result
after Burks, can raise issue of insufficient evidence on habeas corpus
If there is trial error (as opposed to insufficiency of evidence) and win on appeal, P gets new trial.