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LOCKHART v. NELSON

No. 87-1277.

488 U.S. 33 (1988)

109 S.Ct. 285

102 L.Ed.2d 265

LOCKHART, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTION v. NELSON

Supreme Court of United States.

Decided November 14, 1988

Attorney(s) appearing for the Case

J. Steven Clark, Attorney General of Arkansas, argued the cause for petitioner. With him on the briefs was Clint Miller, Assistant Attorney General.

John Wesley Hall, Jr., by appointment of the Court, 485 U.S. 956, argued the cause and filed a brief for respondent.

CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.

In this case a reviewing court set aside a defendant's conviction of enhanced sentence because certain evidence was erroneously admitted against him, and further held that the Double Jeopardy Clause forbade the State to retry him as a habitual offender because the remaining evidence adduced at trial was legally insufficient to support a conviction. Nothing in the record suggests any misconduct in the prosecutor...

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