SCOTUS: Judge-granted acquittal -- even if erroneous -- bars retrial

SCOTUS today released its decision in Evans v. Michigan first discussed here on the day of argument. In an arson case, the Michigan trial judge granted a judgment of acquittal at the close of the state's case, finding that the state had missed an element. The state appealed within the state system, and the Michigan Supreme Court held that the "missing element" was not really an element of the offense. Because the trial judge had added an extra element, the acquittal was error and the state supreme court, finding no double jeopardy bar, ordered retrial. Not so fast, says the U.S. Supreme Court in an 8-1 opinion by Justice Sotomayor (Alito, J., dissents). A judge-ordered acquittal bars retrial, the Court said, even if the trial judge's decision is "based upon an egregiously erroneous foundation." (quoting Fong Foo v. U.S.).