Whether the Virginia Supreme Court erred in holding that the petitioner's Fifth Amendment right against double jeopardy was not violated

QUESTIONS PRESENTED Whether the Virginia Supreme Court erred when it held that Petitioner’s Fifth Amendment right not to be put twice in Jeopardy was not violated when the trial court directed a verdict in his favor, then “reversed” itself, and allowed the Commonwealth to reopen her case and present additional evidence. Under Virginia law, the grant of a motion to strike required the trial court to enter a judgment of acquittal. Regardless, after such a ruling, the trial court sent the charges to the jury, and Mr. McBride was convicted.