State v. Caffee, 291 Ga. 31

Caffee was convicted of malice murder, kidnapping, and related charges after a 2007 trial.
The trial court granted Caffee’s motion for a new trial in 2010; Caffee then filed a plea in bar arguing double jeopardy barred a second trial.
The trial court granted the plea in bar, and the State appealed the new-trial order and the plea in bar.
The State concedes lack of jurisdiction to review the new-trial order on direct appeal; Georgia’s 2011 amendment changed the remedy for appeals of new-trial orders in some contexts.
A second trial judge granted a new trial based on trial error—specifically the improper admission of an exhibit listing prior felonies after Caffee offered to stipulate to a prior conviction—and reviewed the weight of the evidence.
The court held that the retrial was permitted because the grant of the new trial was based on trial error, not insufficiency of the evidence, and reversed the plea in bar, remanding for a new trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is the State's appeal of the new-trial order jurisdictionally proper?	State contends it may appeal the order under OCGA 5-7-1(a)(7).	Caffee argues the State lacked certificate of immediate review and jurisdiction under current statute and case law.	No jurisdiction; direct review of the new-trial order dismissed.
Does double jeopardy bar retry when retrial is granted for trial error?	State asserts double jeopardy bars retrial if the new trial rests on trial-error grounds.	Caffee contends retrial barred only if the verdict was legally insufficient, not for trial error.	Double jeopardy does not bar retry because the new-trial grant rested on trial error (improper admission).

Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (standard for legal sufficiency of evidence)
Ross v. State, 279 Ga. 365 (Ga. 2005) (evidentiary error harmless or reversible depending on weight of evidence)
Greene v. Massey, 437 U.S. 19 (U.S. Supreme Court 1978) (double jeopardy and retrial after trial error)
Priest v. State, 265 Ga. 399 (Ga. 1995) (double jeopardy related to sufficiency vs. trial error)
Burks v. United States, 437 U.S. 1 (U.S. Supreme Court 1978) (remedy for retrial after trial error; not per se bar)
Lackes v. State, 274 Ga. 297 (Ga. 2001) (distinguishes trial error from insufficiency in double jeopardy analysis)
State v. Ware, 282 Ga. 676 (Ga. 2007) (certificate of immediate review requirement for appeals of new-trial orders)
State v. Outen, 289 Ga. 579 (Ga. 2011) (amendment eliminating certificate requirement for certain State appeals)
State v. Lynch, 286 Ga. 98 (Ga. 2009) (subg. 5-6-34(d) interplay with 5-7-1 appeals in criminal cases)