Bordenkircher v. Hayes

Paul Lewis Hayes (defendant) was indicted for uttering a forged $88 instrument, punishable by up to 10 years. During plea talks, the prosecutor offered 5 years for a guilty plea and warned that, if Hayes refused, he would seek a habitual-offender re-indictment carrying a possible life sentence given Hayes's two prior felonies. Hayes rejected the deal, was re-indicted and convicted as a habitual offender, and sentenced to life. On federal habeas, the court of appeals found the prosecutor's conduct impermissibly vindictive and ordered the sentence reduced. The Supreme Court granted certiorari.

Whether the Due Process Clause is violated when a prosecutor, during plea bargaining, carries out a threat to bring more serious charges after the defendant refuses to plead guilty.