Middleton v. State

I dissent.

My disagreement with the majority is both strong and basic.1 As I see it, the issue is whether, having vacated a jury’s guilty verdict on the grounds of inconsistency, the trial court could, without offending the prohibition against double jeopardy, reinstate that verdict. I totally reject the notion that the majority espouses, that the verdict was vacated “as a predicate to the award of a new trial.” And, contrary to the majority’s resolution of the issue, I am of the view that the answer is unequivocally “no.”

To place the matter in context, it must be reiterated that the jury…