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0 tracked cards Delaware Essays

A jury convicts Mara of grand theft. The appellate court reverses, holding that even when the evidence is viewed in the light most favorable to the verdict, no rational juror could find the required intent to permanently deprive. The prosecution says it can produce two new witnesses at a second trial.
May Mara be retried?

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Retrial is always allowed after any conviction is reversed. Retrial is barred when an appellate court reverses because the evidence was legally insufficient to support conviction. Retrial is allowed if the prosecution can locate new evidence after the appeal. Retrial is barred after reversal for ordinary instructional error, but allowed after reversal for insufficient evidence.

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