Moreover, as reviewed down below in Division 5, the remaining knowledgeable evidence is inadequate to guidance Smoot's conviction, and hence double jeopardy concepts preclude her from staying retried for that offense. 2141, 57 L.Ed.2d one (1978) (when there is inadequate proof to help a conviction, the defendant can not be retried without the need of violating the Double Jeopardy Clause of the United States Constitution).
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