State v. Morgan

WYNN, Judge.

The United States Supreme Court has held that “[a]n order entering ... a finding [that the evidence is insufficient as a matter of law to sustain a conviction] meets the definition of acquittal that our double-jeopardy cases have consistently used].]” 1 Because we find that the District Court’s dismissal of criminal charges against the defendant in this case was based on a finding that the State’s evidence was insufficient as a matter of law, we conclude that the Double Jeopardy Clause bars the State’s appeal. We therefore reverse the order of the Superior Court.

At 2:37 a.m. on 4…