Can a previously pardoned crime be used to determine whether a defendant is a recidivist?

California, United States of America


The following excerpt is from People v. Norton, 146 Cal.Rptr. 343, 80 Cal.App.3d Supp. 14 (Cal. Super. 1978):

4 For instance, in Murray v. State of Louisiana (5th Cir. 1965) 347 F.2d 825, a person convicted under a Louisiana recidivist statute sought habeas corpus relief claiming that he had been improperly convicted since he had been previously pardoned in Missouri. The court found that both states allowed pardoned offenses to be used for the purpose of determining whether the defendant was a recidivist. Hence, the court reasoned that there simply was no violation of the full faith and credit clause.

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