State v. Bradley
In the 1979 decision of State v. Avcollie, the Connecticut Supreme Court ruled that "when a case has been tried to a jury, the principle of double jeopardy does not prohibit an appeal by the prosecution providing that a retrial is not required in the event the prosecution is successful in its appeal." Anne Bradley was found guilty by a jury of breach of the peace in the second degree. The trial court granted Bradley's motion for a judgment of acquittal and the state's request for permission to appeal. The state appealed and the Appellate Court reversed the judgment of the trial court and remanded the case with direction to reinstate the jury's guilty verdict and to proceed to sentencing. Bradley was sentenced to six months incarceration, execution suspended, with two years of probation. Bradley appealed claiming that her constitutional right against double jeopardy was violated when the Appellate Court reversed the trial court's judgment of acquittal and remanded the case with direction to reinstate the verdict. The Appellate Court affirmed the judgment. The mater was controlled by State v. Avcollie. Because the Appellate Court directed the trial court to reinstate the jury's guilty verdict after reversing the judgment of acquittal, and no new trial was necessitated, the order did not place the defendant twice in jeopardy for the same offense.