Issue: Whether Evans v. Michigan – which held that a finding of insufficient evidence precludes retrial under the Double Jeopardy Clause even if the finding is based on a legally erroneous analysis – or the cases cited in Evans, overruled
Lockhart v. Nelson's holding that a post-trial finding of insufficient
evidence only precludes retrial under the Double
Jeopardy Clause if it is based on a face-value assessment
of all the evidence admitted, not just the
evidence properly admitted.