Evans v. Michigan

Amicus curiae brief of the National Association of Criminal Defense Lawyers.

Brief filed: 08/22/2012


Evans v. Michigan

United States Supreme Court; Case No. 11-1327

Prior Decision

Case below 810 N.W.2d 535 (Mich. 2012).


An acquittal by the court is always a bar to further proceedings for the same offense. The rule applies even if the acquittal resulted “from erroneous evidentiary rulings or erroneous interpretations of governing legal principles.” United States v. Scott, 437 U.S. 82, 89 (1978). An error of law leading to an acquittal “affects the accuracy of that determination, but it does not alter its essential character.” 

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George C. Thomas, III, Rutgers School of Law, Newark, NJ, and David M. Porter, NACDL, Sacramento, CA.