Lockhart v. Nelson

Johnny Lee Nelson (defendant) pleaded guilty to burglary, and at sentencing the prosecution introduced four prior felony convictions to trigger an Arkansas habitual-offender sentencing enhancement, resulting in an enhanced sentence - but unbeknownst to either side, one of those four convictions had actually been pardoned by the governor. After Nelson's direct appeal on this ground failed, he won federal habeas relief invalidating the enhanced sentence, and the state proposed resentencing him under the habitual-offender law using a different, previously unused prior conviction; Nelson objected on double jeopardy grounds, and the district court and Eighth Circuit agreed the Double Jeopardy Clause barred the state's proposed resentencing. The Supreme Court granted certiorari.