Martinez v. Illinois, 572 U.S. __, 134 S. Ct. 2070 (May. 27, 2014)

Double jeopardy barred the State’s appeal of a trial court order dismissing charges for insufficiency of the evidence. After numerous continuances granted to the State because of its inability to procure its witnesses for trial, the defendant’s case was finally called for trial. When the trial court expressed its intention to proceed the prosecutor unsuccessfully asked for another continuance and informed the court that without a continuance “the State will not be participating in the trial.” The jury was sworn and the State declined to make an opening statement or call any witnesses. The defendant then moved for a directed not-guilty verdict, which the court granted. The State appealed. The Court held that double jeopardy barred the State’s attempt to appeal, reasoning that jeopardy attached when the jury was sworn and that the dismissal constituted an acquittal.