If a defendant successfully appeals a criminal conviction or otherwise succeeds in overturning a conviction, he or she may not be re-prosecuted in a new trial.

Question

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A defendant can be re-prosecuted in a new trial if the appeal results in a reversal of the conviction and a remand for a new trial, unless the reversal is based on insufficient evidence to support the conviction, which would invoke the Double Jeopardy Clause.

If a Defendant Successfully Appeals a Criminal Conviction or Otherwise