If an appellate court reverses a case based on insufficient evidence, the prosecutor:

Question

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When a case is reversed based on insufficient evidence, the prosecutor cannot re-file the case or file any lesser included offenses. This is because the Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution prohibits a defendant from being tried twice for the same offense after an acquittal or conviction. In this case, the reversal by the appellate court acts as an acquittal. Therefore, the prosecutor cannot bring the same charges or any lesser charges against the defendant again.

If an Appellate Court Reverses a Case Based on Insufficient