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North Carolina Vs. Pearce
Cites for this judgment
- US Supreme Court
- Jun 23, 1969
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U.S. 711 (1969) U.S. Supreme Court North Carolina v. PearceSearch
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U.S. 711 (1969) North Carolina v. PearceSearch
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guarantee against double jeopardy, which is enforceable against the States by the Fourteenth Amendment, Benton v. MarylandSearch
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of North Carolina. That court held, upon the authority of a then very recent Fourth Circuit decision, Patton v. NorthSearch
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nobis proceeding upon the ground that Rice had not been accorded his constitutional right to counsel. See Gideon v. WainwrightSearch
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to be the law that a defendant must be given full credit for all time served under the previous sentence. State v. StaffordSearch
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State v. PaigeSearch
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State v. WeaverSearch
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Alabama law, however, seems to reflect a different view. Aaron v. StateSearch
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be upon the imposition of a more severe sentence after reconviction. I The Court has held today, in Benton v. MarylandSearch
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no restrictions upon the length of a sentence imposed upon reconviction. At least since 1896, when United States v. BallSearch
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U. S. 463 , 377 U. S. 465 . And at least since 1919, when Stroud v. UnitedSearch
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s conviction is overturned on collateral, rather than direct, attack is irrelevant for these purposes, see Robinson v. UnitedSearch
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hold to the contrary would be to cast doubt upon the whole validity of the basic principle enunciated in United States v. BallSearch
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Williams v. NewSearch
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first conviction in imposing a new sentence is no more than consonant with the principle, fully approved in Williams v. NewSearch
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United States v. JacksonSearch
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Id. at 390 U. S. 582 . See also Griffin v. CaliforniaSearch
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Johnson v. AverySearch
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Nichols v. UnitedSearch
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Worcester v. CommissionerSearch
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F.2d 713, 718. See Short v. UnitedSearch
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avenues must be kept free of unreasoned distinctions that can only impede open and equal access to the courts. Griffin v. IllinoisSearch
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Together with No. 418, Simpson, Warden v. RiceSearch
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the basic problem here presented. In addition to the Fourth and Fifth Circuit decisions here under review, see Marano v. UnitedSearch
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United States v. CokeSearch
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Starner v. RussellSearch
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United States v. WhiteSearch
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Walsh v. UnitedSearch
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Newman v. RodriguezSearch
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a few States have prohibited more severe sentences upon retrial than were imposed at the original trial. See People v. HendersonSearch
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People v. AliSearch
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State v. TurnerSearch
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State v. WolfSearch
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State v. LeonardSearch
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Goolby v. StateSearch
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Green v. UnitedSearch
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United States v. SaccoSearch
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United States v. AdamsSearch
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Kennedy v. UnitedSearch
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Stroud v. UnitedSearch
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Bryan v. UnitedSearch
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U.S. Supreme Court North Carolina v. PearceSearch
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