blackledge v perry

Second, he urges that the indictment on the felony charge constituted a penalty for his exercising his statutory right to appeal, and thus contravened the Due Process Clause of the Fourteenth Amendment. 14-33(b)(1) (1969). For while indictment on more serious charges after a successful appeal would present a problem closely analogous to that in Pearce in this respect, the bringing of more serious charges after a defendant's exercise of his absolute right to a trial de novo in North Carolina's two-tier system does not. 417 U.S. 21. Following a trial without a jury in the District Court of Northampton County, Perry was convicted of this misdemeanor and given a six-month sentence, to be served after completion of the prison term he was then serving. at 411 U. S. 266, is limited in a federal habeas corpus proceeding to attacks on the voluntary and intelligent nature of the guilty plea, through proof that the advice received from counsel was not "within the range of competence demanded of attorneys in criminal cases." defendant in Chaffin was reconvicted and sentenced to a greater term than had been imposed by the initial jury. U.S. 759 [ North Carolina v. Rice, 404 U. S. 244, 404 U. S. 247-248 (1971). Having chosen originally to proceed on the misdemeanor charge in the District Court; the State of North Carolina was, under the facts of this case, simply precluded by the Due Process Clause from calling upon the respondent to answer to the more serious charge in the Superior Court. [Footnote 8]. 395 With the countervailing reasons for proceeding only on the misdemeanor charge in the District Court no longer applicable once the defendant has invoked his statutory right to a trial de novo, a prosecutor need not be vindictive to seek to indict and convict a defendant of the more serious of the two crimes of which he believes him guilty. 372 Our holding today, however, is not that Perry was denied due process by the length of the sentence imposed by the Superior Court, but rather by the very institution of the felony indictment against him. . 417 U. S. 24-29. The rationale of our judgment in the Pearce case, however, was not grounded upon the proposition that actual retaliatory motivation must inevitably exist. 395 Since Rice had completely served his sentence, rather than reaching the merits of Rice's Pearce claim, we remanded for a determination whether any collateral consequences flowed from his service of the longer sentence imposed after retrial, or whether the case was moot. Respondent, a North Carolina prison inmate, had an altercation with another prisoner, and was charged with the misdemeanor of assault with a deadly weapon, of which he was convicted in the State District Court. Here, while respondent faced the prospect of a more severe sentence at the conclusion of his felony trial in the Superior Court of North Carolina, it was by no means self-evident that this would be the result. He claimed that the indictment on the felony charge in the Superior Court constituted double jeopardy and also deprived him of due process of law. Still more importantly, I believe the Court's conclusion that respondent may assert the Court's newfound Pearce claim in this federal habeas action, despite his plea of guilty to the charges brought after his invocation of his statutory right to a trial de novo, marks an unwarranted departure from the principles we have recently enunciated in Tollett v. Henderson, 411 U. S. 258 (1973), and the Brady trilogy, Brady v. United States, 397 U. S. 742 (1970); McMann v. Richardson, 397 U. S. 759 (1970); and Parker v. North Carolina, 397 U. S. 790 (1970). In that case, the defendant was originally tried and convicted for assault and battery. 411 Upon retrial following the reversal of his original conviction, the ", 395 U.S. at 395 U. S. 723. 163 With him on the brief was Robert Morgan, Attorney General. We hold, therefore, that it was not constitutionally permissible for the State to respond 7A-272. . And the Court's conclusion that "[t]he very initiation of the proceedings against [respondent] in the Superior Court thus operated to deny him due process of law" surely sounds in the language of double jeopardy, however it may be dressed in due process garb. ", Id. If this were a case involving simply an increased sentence violative of the Pearce rule, a remand for resentencing would be in order. Written and curated by real attorneys at Quimbee. As the Court notes, in addition to his claim based on Pearce, respondent contends that his felony indictment in the Superior Court violated his rights under the Double Jeopardy Clause of the Fifth Amendment, made applicable to the States through the Fourteenth Amendment, Benton v. Maryland, 395 U. S. 784 (1969). Second, he urges that the indictment on the felony charge constituted a penalty for his exercising his statutory right to appeal, and thus contravened the Due Process Clause of the Fourteenth Amendment. While serving a term of imprisonment in a North Carolina penitentiary, the respondent Perry became involved in an altercation with another inmate. If respondent's claim is properly analyzed in terms of Pearce, I would think that a result quite different from that mandated in the Court's opinion would obtain. 14-32 (a) (1969). § 7A-272. The assertion by the Court that this reasoning is somehow inapplicable here because the claim goes "to the very power of the State to bring the defendant into court to answer the charge brought against him" is little other than a conclusion. James E. Keenan, by appointment of the Court, V. New York to his case by holding that a guilty plea in... Necessary to reach only the latter claim at stake here Civil Disabilities of Felons, Va.L.Rev. Issuing its opinion granting habeas corpus relief hence, the respondent 's guilty plea resulted in increasing the respondent became... 397 U. S. 310, 411 U.S. at 411 U. S. 723 sentence. 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