The People, Plaintiff and Appellant v. Khristine Elaine Eroshevich, Defendants and Respondents

Summary

The California Supreme Court held that double jeopardy did not bar the People from appealing a postverdict dismissal based on insufficient evidence because a successful appeal reinstated the jury's guilty verdict rather than requiring a new trial. It further held that if the defendant later obtained a new trial or dismissal on grounds other than insufficiency of the evidence, his challenge would waive double jeopardy protections and permit retrial. The court therefore reversed the Court of Appeal to the extent it categorically barred retrial.