This section contains the nature of the case and procedural background.

Hudson (D) was convicted in Louisiana state court for first-degree murder. D moved for a new trial to challenge the sufficiency of the evidence against him. It was granted because the evidence was insufficient to sustain the verdict. At the second trial, the State (P) presented a new eyewitness who did not appear at the first trial. D was found guilty. The Louisiana Supreme Court affirmed the conviction. D sought a writ of habeas corpus for double jeopardy based on the ruling in Burks v. United States 437 U.S. 1 (1978). The Louisiana Supreme Court eventually held that under the Burks case a second trial is barred only if the court reviewing the evidence determines that there is no evidence to support the verdict. The United States Supreme Court granted a writ of certiorari.

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