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Alabama Vs. Smith
Cites for this judgment
- US Supreme Court
- Jun 12, 1989
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U.S. 794 (1989) U.S. Supreme Court Alabama v. SmithSearch
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U.S. 794 (1989) Alabama v. SmithSearch
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that the increased sentence created a presumption of vindictiveness similar to that set forth in North Carolina v. PearceSearch
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not apply when a sentence imposed after trial is greater than that previously imposed after a guilty plea. Simpson v. RiceSearch
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decided with North Carolina v. PearceSearch
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held that this increased sentence created a presumption of vindictiveness similar to that set forth in North Carolina v. PearceSearch
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divided vote. Ex parte Smith, 557 So.2d 13 (1988). The majority held that, under our decision in North Carolina v. PearceSearch
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discretion permits consideration of a wide range of information relevant to the assessment of punishment, see Williams v. NewSearch
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Brief any citation in this list with AI Studio
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U. S. 134 , 475 U. S. 142 (1986) (quoting United States v. GoodwinSearch
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supra, at 475 U. S. 138 . As we explained in Texas v. McCulloughSearch
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Ibid. See also Chaffin v. StynchcombeSearch
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supra, at 475 U. S. 138 , quoting Stone v. PowellSearch
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is no such reasonable likelihood, the burden remains upon the defendant to prove actual vindictiveness, see Wasman v. UnitedSearch
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States, 468 U. S. 559 , 468 U. S. 569 (1984). In Colten v. KentuckySearch
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Id. at 407 U. S. 116 . Similarly, in Chaffin v. StynchcombeSearch
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Brady v. UnitedSearch
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into his moral character and suitability for rehabilitation. Supra, at 490 U. S. 797 . See United States v. GraysonSearch
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the factors that may have indicated leniency as consideration for the guilty plea are no longer present. See Brady v. UnitedSearch
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that a judge who imposes one is motivated by vindictiveness. Our conclusion here is not consistent with Simpson v. RiceSearch
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the companion case to North Carolina v. PearceSearch
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In Simpson v. RiceSearch
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trials, and the Rice case, in which the first sentence was entered on a guilty plea. The failure in Simpson v. RiceSearch
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some important developments in the constitutional law of guilty pleas. A guilty plea may justify leniency, Brady v. UnitedSearch
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as part of the plea bargaining process, Bordenkircher v. HayesSearch
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trial may also be pursued directly by providing for a more lenient sentence if the defendant pleads guilty, Corbitt v. NewSearch
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U. S. 221 -223 (1978). Part of the reason for now reaching a conclusion different from that reached in Simpson v. RiceSearch
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sentence imposed after a trial is heavier than a first sentence imposed after a guilty plea, we overrule Simpson v. RiceSearch
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example, the Alabama Supreme Court's decision in the instant case, Ex parte Smith, 557 So.2d 13 (1988), State v. SuttonSearch
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Conn.485, 498 A.2d 65 (1985), and United States v. GillissSearch
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F.2d 1269 (CA8 1981), with State v. BawdonSearch
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N.W.2d 484 (S.D.1986), and McKenzie v. RisleySearch
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similar prophylactic rule to guard against vindictiveness by the prosecutor at the postconviction stage in Blackledge v. PerrySearch
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a mere opportunity for vindictiveness is insufficient to justify the imposition of a prophylactic rule.' United States v. GoodwinSearch
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U.S. Supreme Court Alabama v. SmithSearch
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Simpson v. RiceSearch
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Williams v. NewSearch
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Wasman v. UnitedSearch
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In Colten v. KentuckySearch
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See United States v. GraysonSearch
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See Brady v. UnitedSearch
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Corbitt v. NewSearch
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State v. SuttonSearch
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and United States v. GillissSearch
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