Detroit fire case gets hearing in U.S. Supreme Court

Lamar Evans acquitted halfway through his trial

Headline Goes Here Bob Kovach/CNN

DETROIT - The case of a Detroit arson suspect whose case was thrown out by a Wayne County circuit judge has had a hearing before the U.S. Supreme Court.

At a hearing in Washington on Tuesday, the justices appeared inclined to rule that criminal defendants like Lamar Evans can't be retried, even if the judges who acquit them bases the decisions on legal errors.

Two Detroit police officers say they saw a fire in a vacant house on Sept. 22, 2008, and saw Evans running away while carrying a gas can.

The judge acquitted Evans halfway through his trial, saying prosecutors failed to prove the house was a dwelling.

Michigan appealed, saying the judge's action was invalid because it was based on a mistaken interpretation of the law.

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