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Supreme Court· 11/14/1988

Lockhart v. Nelson

Citations

  • 488 U.S. 33
  • 109 S. Ct. 285
  • 102 L. Ed. 2d 265
  • 1988 U.S. LEXIS 5180

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that reviewing court should consider all admitted evidence, including illegally admitted evidence, in assessing the sufficiency of the evidence to support a conviction
  • holding that the government may retry a defendant who successfully challenges his conviction based on “some error in the proceedings leading to conviction”
  • recognizing that Burks is a narrow exception to the general rule that the government can retry a defendant who succeeds in getting his first conviction set aside
  • holding that a reversal based on “trial error” does not bar a retrial
  • holding that Double Jeopardy Clause permits retrial of defendant where his conviction was reversed for evidence erroneously admitted against him
  • holding that a defendant who succeeds in having a conviction set aside because of trial error may be retried for the same offense without violating the Double Jeopardy Clause of the U.S. Constitution

Source: CourtListener parenthetical corpus (CC0).

Judges: Rehnquist, Marshall, Brennan, Blackmun

Read full opinion on CourtListener

Cited by

807 cases in this archive cite this case; the 20 most cited are listed.

Cites

44 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Lockhart v. Nelson

4 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.