People v. Jackson

Defendant was found guilty but mentally ill, after bench trial, of first degree murder. Appellate court then reversed circuit court and remanded for new trial, holding that court adopted prosecutorial role when questioning defense expert and by relying on matters based on private knowledge of court outside the record. Retrial of Defendant for first degree murder does not offend prohibition against double jeopardy because judgment in initial trial was reversed due to trial errors, not evidentiary insufficiency. Collateral estoppel does not apply due to absence of different causes of action and a final adjudication on merits. (DELORT and CUNNINGHAM, concurring.)