Green v. State

The Fifth Amendment to the United States Constitution provides that no person shall “be subject for the same offense to be twice put in jeopardy.”1 The United States Supreme Court, and this Court, have long held that the Double Jeopardy Clause bars the retrial of a person who has been acquitted because of insufficient evidence. See, e.g., Burks v. United States, 437 U.S. 1, 98 S.Ct. 2141, 57 L.Ed.2d 1 (1978); Davis v. State, 658 S.W.2d 572 (Tex.Cr.App.1983). Because the plurality today misinterprets Davis and ignores the crucial distinction between trial error and insufficiency of the…