In Burks v. United States, 437 U.S. 1, 11 (1978), this Court held that when the evidence the prosecution introduced at a criminal trial is legally insufficient to support a finding of guilt, "[t]he Double Jeopardy Clause forbids a second trial for the purpose of affording the prosecution another opportunity to supply evidence which it failed to muster in the first proceeding." The question presented in this case is whether there is an exception to this Court's holding in Burks that gives the prosecution a second trial in which to supply missing evidence when there was a change in the law after the first proceeding was complete.

Whether there is an exception to the Burks v. United States holding that the Double Jeopardy Clause forbids a second trial to allow the prosecution to supply missing evidence, when there was a change in the law after the first proceeding was complete