(DOWNLOAD) "Alabama v. Smith" by Supreme Court of the United States # eBook PDF Kindle ePub Free
eBook details
- Title: Alabama v. Smith
- Author : Supreme Court of the United States
- Release Date : January 12, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
James Lewis Smith pleaded guilty to charges of burglary and rape. In exchange for the plea, a sodomy charge was dropped. Later, Smith succeeded in having his guilty plea vacated. He went to trial on the three original charges, was convicted on each, and received a longer sentence on the burglary conviction than had been given after his guilty plea. The Alabama Supreme Court held that this increased sentence created a presumption of vindictiveness similar to that set forth in North Carolina v. Pearce, 395 U.S. 711 (1969). We hold that no presumption of vindictiveness arises when the first sentence was based upon a guilty plea, and the second sentence follows a trial.
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