Marlon Little v. State of Mississippi

¶ 14. The majority, sitting as a “thirteenth juror,” has determined that an eyewitness’s testimony is not sufficient evidence to sustain the jury’s verdict to convict Little. The decision to remand could present a unique dilemma for the trial judge. Suppose that on remand, just before a new trial is held, the prosecutor and the defense attorney meet with the trial judge and say: “Your Honor, we have the exact same evidence to offer at this trial as the last. Based on the Court of Appeals’ ruling, if the same evidence results in a guilty verdict, you will be obligated to grant a new trial.”…