(Download) "Lockhart v. Nelson" by Supreme Court of the United States " Book PDF Kindle ePub Free
eBook details
- Title: Lockhart v. Nelson
- Author : Supreme Court of the United States
- Release Date : January 14, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
In this case a reviewing court set aside a defendants 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 prosecutors submission of the evidence. We conclude that in cases such as this, where the evidence offered by the State and admitted by the trial court -- whether erroneously or not -- would have been sufficient to sustain a guilty verdict, the Double Jeopardy Clause does not preclude retrial.
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