Evans v. Michigan — Alito, J., dissenting

Summary

Justice Alito dissents, arguing the Court's holding that the Double Jeopardy Clause bars retrial after a judge erroneously terminates a trial based on a nonexistent statutory element contradicts the original meaning and purpose of the Clause. He contends such a ruling is not an acquittal because it does not resolve factual elements of the charged offense, and allowing retrial does not subject the defendant to the abuses the Clause seeks to prevent. Justice Alito concludes the defense sought the termination and the State deserves one complete opportunity to convict.