Evans v. Michigan, No. 11-1327; U.S. Supreme Court; opinion by Sotomayor, J.; dissent by Alito, J.; decided February 20, 2013. On certiorari to the Supreme Court of Michigan.
After the state of Michigan rested its case at petitioner Evans’ arson trial, the court granted Evans’ motion for a directed verdict of acquittal, concluding that the state had failed to prove that the burned building was not a dwelling, a fact the court mistakenly believed was an "element" of the statutory offense. The state court of appeals reversed and remanded for retrial. In affirming, the state supreme court held that a directed verdict based on an error of law that did not resolve a factual element of the charged offense was not an acquittal for double jeopardy purposes.
