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Texas Vs. Mccullough
Cites for this judgment
- US Supreme Court
- Feb 26, 1986
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U.S. 134 (1986) U.S. Supreme Court Texas v. McCulloughSearch
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U.S. 134 (1986) Texas v. McCulloughSearch
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of Appeals reversed and sentenced respondent to 20 years' imprisonment, considering itself bound by North Carolina v. PearceSearch
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imprisonment. 680 S.W.2d 493 (1983). That court considered itself bound by this Court's decision in North Carolina v. PearceSearch
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fixed it at the second trial. We granted certiorari. 472 U.S. 1007 (1985). We reverse. II In North Carolina v. PearceSearch
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U. S. 17 , 412 U. S. 25 (1973) (emphasis omitted). For example, in Moon v. MarylandSearch
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the defendant conceded and it was clear that vindictiveness had played no part in the enlarged sentence. In Colten v. KentuckySearch
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does not apply, the defendant may still obtain relief if he can show actual vindictiveness upon resentencing. Wasman v. UnitedSearch
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cannot truly be said to have taken place. In Colten v. KentuckySearch
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Perhaps, then, the reach of Pearce is best captured in our statement in United States v. GoodwinSearch
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Wasman, supra, at 468 U. S. 564 (quoting Williams v. NewSearch
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a constitutional prohibition against considering relevant information in assessing sentences. We explained in Chaffin v. StynchcombeSearch
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presumption of vindictiveness applies even where different sentencing judges are involved. See, e.g., United States v. HawthorneSearch
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s opinion in Pearce. Clearly the Court did not focus on it as a consideration for its holding. See Hardwick v. DoolittleSearch
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Subsequent opinions have also elucidated the basis for the Pearce presumption. We held in Chaffin v. StynchcombeSearch
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circumstances. Cf. Brief for American Civil Liberties Union et al. as Amici Curiae in North Carolina v. PearceSearch
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Brief for United States as Amicus Curiae 22-23 (quoting Baker v. CarrSearch
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to tailor judicially created rules to implement constitutional guarantees, like the Pearce rule, see Michigan v. PayneSearch
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U. S. 47 , 412 U. S. 51 (1973), when the need to do so becomes apparent. Cf. United States v. LeonSearch
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resulted from judicial vindictiveness is sufficiently remote that the presumption established in North Carolina v. PearceSearch
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dissenting. With little more than a passing nod to the considerations that prompted this Court, in North Carolina v. PearceSearch
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purported 'confession' given by a Co-Defendant, KENNETH McCULLOUGH. Such conduct constituted error in light of Bruton vs. UnitedSearch
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App. 25-26. McCullough's election likely was affected by his counsel's belief that, while Chaffin v. StynchcombeSearch
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U. S. 17 (1973), had made the rule of North Carolina v. PearceSearch
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the court was bound by North Carolina v. PearceSearch
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The prosecution replied that, because defendant had elected to be sentenced by the trial judge, North Carolina v. PearceSearch
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In response to defendant's motion, she later filed an order in which, while holding the rule of North Carolina v. PearceSearch
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U.S. at 395 U. S. 725 . Thus, in Chaffin v. StynchcombeSearch
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by the defendant since that time, might have been open to some speculation, at least until Wasman v. UnitedSearch
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Brief for American Civil Liberties Union et al. as Amici Curiae in North Carolina v. PearceSearch
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pp. 9-10. IV A lot has happened since the final day of the October, 1968 Term, the day North Carolina v. PearceSearch
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U.S. Supreme Court Texas v. McCulloughSearch
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II In North Carolina v. PearceSearch
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Moon v. MarylandSearch
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In Colten v. KentuckySearch
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Wasman v. UnitedSearch
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Williams v. NewSearch
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United States v. HawthorneSearch
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See Hardwick v. DoolittleSearch
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Baker v. CarrSearch
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Cf. United States v. LeonSearch
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of Bruton v. UnitedSearch
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of North Carolina v. PearceSearch
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United States v. GoodwinSearch
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