<P> With two exceptions, the government is not permitted to appeal or retry the defendant once jeopardy attaches to a trial unless the case does not conclude . Conditions which constitute "conclusion" of a case include </P> <Ul> <Li> After the entry of an acquittal, <Ul> <Li> whether a directed verdict before the case is submitted to the jury, </Li> <Li> a directed verdict after a deadlocked jury, </Li> <Li> an appellate reversal for sufficiency (except by direct appeal to a higher appellate court), </Li> <Li> or an "implied acquittal" via conviction of a lesser included offence . </Li> </Ul> </Li> <Li> re-litigating against the same defense a fact necessarily found by the jury in a prior acquittal, even if the jury hung on other counts . In such a situation, the government is barred by collateral estoppel . </Li> </Ul> <Li> After the entry of an acquittal, <Ul> <Li> whether a directed verdict before the case is submitted to the jury, </Li> <Li> a directed verdict after a deadlocked jury, </Li> <Li> an appellate reversal for sufficiency (except by direct appeal to a higher appellate court), </Li> <Li> or an "implied acquittal" via conviction of a lesser included offence . </Li> </Ul> </Li> <Ul> <Li> whether a directed verdict before the case is submitted to the jury, </Li> <Li> a directed verdict after a deadlocked jury, </Li> <Li> an appellate reversal for sufficiency (except by direct appeal to a higher appellate court), </Li> <Li> or an "implied acquittal" via conviction of a lesser included offence . </Li> </Ul>

Can a case be retried with new evidence