If a case is lost then various appeals may be filed to higher courts to challenge the sufficiency of the evidence. Appeals challenging the sufficiency of the evidence challenge whether the government presented sufficient evidence to a jury or judge to win at trial. In Pennsylvania, citizens are protected from being retried for the same crime due to the double jeopardy clause. There are special circumstances in which a retrial is permitted. Motions One circumstance in which a retrial is permitted is when an appellate court reverses a defendant's conviction because of an error that occurred in the trial proceedings. There are two main components that could ultimately determine whether a defendant will have a retrial or not. They are known as the sufficiency of the evidence and the weight of the evidence.