Evans v. Michigan

568 U.S. 313 (2013)

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Nature of the Case

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Facts

D was charged with burning “other real property.” P's evidence suggested that D had burned down an unoccupied house. At the close of P's case, D moved for a directed verdict of acquittal. He pointed the court to the applicable Michigan Criminal Jury Instructions, which listed as the “Fourth” element of the offense “that the building was not a dwelling house.” The commentary to the Instructions emphasized, “an essential element is that the structure burned is not a dwelling house.” D argued that §750.72 criminalizes common-law arson, which requires that the structure burned be a dwelling, while the provision under which he was charged, §750.73, covers all other real property. The trial court granted the motion. The Court of Appeals reversed and remanded. The court held, that under controlling precedent, burning “other real property” is a lesser included offense under Michigan law, and disproving the greater offense is not required. The trial court misperceived the elements of the offense and erred by directing a verdict. It held that the Double Jeopardy Clause did not bar retrial. The Supreme Court of Michigan affirmed. It held that “when a trial court grants a defendant's motion for a directed verdict on the basis of an error of law that did not resolve any factual element of the charged offense, the trial court's ruling does not constitute an acquittal for the purposes of double jeopardy and retrial is therefore not barred.” D appealed.