SCOTUS will wrestle with Double Jeopardy conundrum

The U.S. Supreme Court will today hear arguments in Evans v. Michigan, a case involving a Double Jeopardy pretzel. In Evans the trial court misinterpreted the underlying charge to require an element that the prosecution did not actually have to prove. Finding that element missing, the trial judge granted a mid-trial judgment of acquittal. On the prosecution's appeal, Michigan appellate courts held that the trial judge's erroneous acquittal did not constitute an "acquittal" for Double Jeopardy purposes, and that the defendant could be retried. SCOTUS granted cert. and will hear arguments today. The US SG has weighed in on Michigan's side.