NCJ Number
31766
Journal
Washington University Law Quarterly Volume: 1975 Issue: 2 Dated: (1975) Pages: 477-484
Date Published
1975
Length
8 pages
Annotation
THE SUPREME COURT HELD THAT WHEN DEFENDANT EXERCISES HIS RIGHT TO TRIAL DE NOVO ON APPEAL FROM A MISDEMEANOR CONVICTION, A STATE DENIES DUE PROCESS IF IT THEN BRINGS A FELONY CHARGE AGAINST HIM BASED ON THE SAME CONDUCT.
Abstract
THIS HOLDING WAS LIMITED TO WHEN THERE IS NO SHOWING BY THE STATE THAT IT WAS IMPOSSIBLE TO BRING THE MORE SERIOUS CHARGE AT THE OUTSET. THE COURT BASED ITS DECISION ON A LINE OF CASES DEALING WITH THE 'CHILLING' OF A DEFENDANT'S EXERCISE OF HIS CONSTITUTIONAL RIGHTS, CONCLUDING THAT THE POSSIBILITY OF VINDICTIVENESS ON THE PART OF THE PROSECUTOR WAS SO GREAT THAT IT WAS A DENIAL OF DUE PROCESS OF LAW TO ALLOW HIM TO BRING FELONY CHARGES AGAINST A CONVICTED MISDEMEANANT WHO WISHED TO PURSUE HIS STATUTORY RIGHT TO APPEAL. THE AUTHOR AGREES WITH THE PERRY RATIONALE AND SUGGESTS THAT THE COURT'S REASONING COULD BE APPLIED TO CASES IN WHICH A PROSECUTOR BRINGS A MORE SERIOUS FELONY CHARGE AFTER A LESS SERIOUS FELONY CONVICTION HAS BEEN REVERSED.