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NCJ Number: 31766 Find in a Library
Title: FELONY CHARGE AFTER APPEAL OF MISDEMEANOR CONVICTION VIOLATION OF DUE PROCESS - BLACKLEDGE V PERRY, 417 US 21 (1974)
Journal: WASHINGTON UNIVERSITY LAW QUARTERLY  Volume:1975  Issue:2  Dated:(1975)  Pages:477-484
Author(s): ANON
Corporate Author: Washington University
School of Law
United States of America
Date Published: 1975
Page Count: 8
Sponsoring Agency: Washington University
St Louis, MO 63130
Format: Article
Language: English
Country: United States of America
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.
Index Term(s): Appeal procedures; Judicial decisions; Right to Due Process; Rights of the accused; US Supreme Court
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=31766

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