Supreme Court of the United States

Smith v. Massachusetts — Ginsburg, J., dissenting

February 22, 2005543 U.S. 462

Summary

Justice Ginsburg, dissenting, agrees with the Court's conclusion that the Double Jeopardy Clause does not bar trial courts from reconsidering midtrial acquittal rulings before final judgment, but she argues the decision should rest on due process grounds since the defendant suffered no prejudice from the initial error.