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United States Vs. Goodwin
Cites for this judgment
- US Supreme Court
- Jun 18, 1982
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U.S. 368 (1982) U.S. Supreme Court United States v. GoodwinSearch
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U.S. 368 (1982) United States v. GoodwinSearch
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vindictive motive has been applied only where a reasonable likelihood of vindictiveness existed. North Carolina v. PearceSearch
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U. S. 21 . Cf. Bordenkircher v. HayesSearch
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F.2d 250. Because this case presents an important question concerning the scope of our holdings in North Carolina v. PearceSearch
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U. S. 711 , and Blackledge v. PerrySearch
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F.2d at 252, it nevertheless reversed. Relying on our decisions in North Carolina v. PearceSearch
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supra, and Blackledge v. PerrySearch
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U. S. 357 , 434 U. S. 363 . In a series of cases beginning with North Carolina v. PearceSearch
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and culminating in Bordenkircher v. HayesSearch
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Brief any citation in this list with AI Studio
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the Court has done so only in cases in which a reasonable likelihood of vindictiveness exists. In North Carolina v. PearceSearch
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Page 457 U. S. 375 In Blackledge v. PerrySearch
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response to a defendant's exercise of his right to obtain a retrial of a decided question. In Bordenkircher v. HayesSearch
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plea bargaining between the prosecution and defense, which arguably possess relatively equal bargaining power.' Parker v. NorthSearch
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U. S. 357 , 434 U. S. 363 (quoting Chaffin v. StynchcombeSearch
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Two subsequent cases developed the principles set forth in Pearce. In Colten v. KentuckySearch
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Id. at 407 U. S. 119 . In Chaffin v. StynchcombeSearch
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case if the State had shown that it was impossible to proceed on the more serious charge at the outset, as in Diaz v. UnitedSearch
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Id. at 434 U. S. 364 (quoting Oyler v. BolesSearch
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Cf. Colten v. KentuckySearch
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Cf. Chaffin v. StynchcombeSearch
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and for many reasons -- both the judge and the prosecutor may prefer to have a case tried by jury. See, e.g., Vines v. MuncySearch
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United States v. MorlangSearch
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United States v. CejaSearch
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see also Fed.Rule Crim.Proc. 23(a). In Singer v. UnitedSearch
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by the Constitution as the 'normal and . . . preferable mode of disposing of issues of fact in criminal cases.' Patton v. UnitedSearch
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arises in this context. Blackledge v. PerrySearch
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rather, the Court declined to apply its prior opinions in Blackledge and North Carolina v. PearceSearch
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U.S. at Page 457 U. S. 386 362, quoting Parker v. NorthSearch
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U.S. at 434 U. S. 367 (dissenting opinion), quoting Hayes v. CowanSearch
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charging decision. North Carolina v. PearceSearch
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I concur in the judgment. JUSTICE BRENNAN, with whom JUSTICE MARSHALL joins, dissenting. In Blackledge v. PerrySearch
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to an unreal or technical violation of his constitutional rights. On the contrary, as we recognized in North Carolina v. PearceSearch
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See Blackledge v. PerrySearch
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See North Carolina v. PearceSearch
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The Court discusses Bordenkircher v. HayesSearch
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U.S. at 434 U. S. 362 , quoting Parker v. NorthSearch
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See District of Columbia v. ColtsSearch
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United States v. HamdanSearch
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United States v. Sanchez-MezaSearch
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United States v. PotvinSearch
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U.S. Supreme Court United States v. GoodwinSearch
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Cf. Bordenkircher v. HayesSearch
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and Blackledge v. PerrySearch
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In North Carolina v. PearceSearch
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