In Lankford v. Idaho, 500 U.S. 110, 114 L. Ed. 2d 173, 111 S. Ct. 1723 (1991), Lankford and his older brother were convicted of murder. Lankford was formally informed of a possible death sentence at his arraignment, but later discussions with the prosecutors, various pre-sentencing orders, and other factors led him to believe the death penalty would not be sought or imposed. After the sentencing hearing, the trial judge imposed the death penalty with no prior warning that he was considering it. Id. at 112-16. The Supreme Court held that Lankford received insufficient notice that the trial court might impose the death penalty, which violated due process. Id. at 126. The Court explained that if Lankford had known of the possible sentence, he would have conducted his hearing differently and perhaps had a different sentenced imposed. Ibid. Notice of the issues to be resolved are necessary to due process. Ibid.