Clarence Anthony Dickenson v. Thomas Israel

This is a habeas proceeding in which the main issue is whether a state criminal defendant’s Fifth Amendment right to be free from double jeopardy was violated when a state appellate court vacated the defendant’s conviction of the charged offense but affirmed the implicit conviction of a lesser included offense. We hold that the Double Jeopardy Clause was not violated.

Petitioner-appellant Clarence Dickenson was tried and convicted for armed robbery in a Wisconsin state court. On appeal the Wisconsin Supreme Court, Dickenson v. State, 75 Wis.2d 47, 248 N.W.2d 447 (1977), held the evidence…