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ChaffIn Vs. Stynchcombe
Cites for this judgment
- US Supreme Court
- May 21, 1973
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U.S. 17 (1973) U.S. Supreme Court Chaffin v. StynchcombeSearch
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U.S. 17 (1973) Chaffin v. StynchcombeSearch
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The rendition of a higher sentence by a jury upon retrial does not violate the Double Jeopardy Clause, North Carolina v. PearceSearch
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bars the jury from rendering higher sentences on retrials following reversals of prior convictions. In North Carolina v. PearceSearch
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Brief any citation in this list with AI Studio
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Williams v. NewSearch
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U. S. 247 (1949), this Court has never expressed doubt about the constitutionality of that practice. See McGautha v. CaliforniaSearch
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of the Fifth Amendment, made binding on the States through the Due Process Clause of the Fourteenth Amendment, Benton v. MarylandSearch
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S. 720 . The foundational precedent from which the Court's view of resentencing discretion derives is Stroud v. UnitedSearch
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Subsequent cases have dispelled any doubt that Pearce was premised on the hazard of vindictiveness. In Moon v. MarylandSearch
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at 398 U. S. 320 . A similar focus on actual vindictiveness is reflected in the decision last Term in Colten v. KentuckySearch
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likewise represents a view incompatible with petitioner's contention. Petitioner relies instead on United States v. JacksonSearch
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choice in the criminal process that has the effect of discouraging the exercise of constitutional rights. In Brady v. UnitedSearch
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States, 37 U. S. 742 (1970), Parker v. NorthSearch
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Carolina, 397 U. S. 790 (1970), and North Carolina v. AlfordSearch
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Mr. Justice Harlan's opinion for the Court in Crampton v. OhioSearch
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a companion case to McGautha v. CaliforniaSearch
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conviction. Affirmed. Mr. JUSTICE DOUGLAS dissents for the reasons stated in his dissenting opinion in Moon v. MarylandSearch
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by juries burdens the defendant's right to choose to be tried by a jury after a successful appeal. United States v. JacksonSearch
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For a detailed description of the unique unsworn statement practice in Georgia, see Ferguson v. GeorgiaSearch
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Compare the Fifth Circuit opinion in the instant case (455 F.2d 640 (1972)), and Casias v. BetoSearch
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F.2d 54 (CA5 1972), with Levine v. PeytonSearch
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F.2d 525 (CA4 1971), and Pendergrass v. NeilSearch
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to jury resentencing. See cases discussed in Aplin, Sentence Increases on Retrial After North Carolina v. PearceSearch
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Stroud v. UnitedSearch
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forum, it must assure access to it upon terms and conditions equally applicable and available to all. North Carolina v. PearceSearch
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U. S. 305 (1966). See also Johnson v. AverySearch
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the possibility that a harsher sentence will be obtained through prosecutorial malice seems remote. See Williams v. McMannSearch
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not be entirely overcome by requiring that jury trials be bifurcated, as suggested by the Sixth Circuit in Pendergrass v. NeilSearch
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sentence, or by empowering the judge to reduce the second sentence whenever it exceeds the former sentence. See Levine v. PeytonSearch
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Pendergrass v. NeilSearch
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In Brady v. UnitedSearch
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as the Court noted last Term in Santobello v. NewSearch
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Id. at 404 U. S. 260 -261. See also Brady v. UnitedSearch
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U.S. at 402 U. S. 211 , similar to that involved in Simmons v. UnitedSearch
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years, in part as a consequence of decisions removing roadblocks and disincentives to appeal. See, e.g., Griffin v. IllinoisSearch
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to 1966-1967). MR. JUSTICE STEWART, with whom MR. JUSTICE BRENNAN joins, dissenting. In North Carolina v. PearceSearch
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U.S. Supreme Court Chaffin v. StynchcombeSearch
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the Double Jeopardy Clause, North Carolina v. PearceSearch
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In North Carolina v. PearceSearch
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