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Criminal Procedure keyed to Kamisar
Lockhart v. Nelson
Citation:488 U.S. 33, 109 S.Ct. 285, 102 L.Ed.2d 265 (1988)
Nelson (defendant) pleaded guilty to felony burglary and was sentenced as a habitual offender. As required by statute, the prosecution offered certified copies of four of the defendant’s prior felony convictions, but one of the convictions had been pardoned by the Governor. Several years later, after Nelson filed a federal writ of habeas corpus, the prosecution learned that the conviction had been pardoned and the court held the enhanced sentence to be invalid. The state announced its intent to resentence Nelson as a habitual offender using another prior conviction, and Nelson raised a claim of double jeopardy.
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