Search for: ""Alabama v. Smith" OR "490 U.S. 794"" Results 1 - 9 of 9
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7 Apr 2014, 9:06 am by Jessica Smith
Smith, 490 U.S. 794 (1989), the Court held that Pearce’s presumption of vindictiveness does not apply when the original sentence was entered after a guilty plea. [read post]
31 Jan 2017, 7:03 am by MBettman
Smith, 490 U.S. 794 (1989) (No presumption of vindictiveness arises when the first sentence was based upon a guilty plea, and the second, longer sentence follows a trial.) [read post]
20 Apr 2017, 11:05 am by MBettman
Smith, 490 U.S. 794 (1989) (No presumption of vindictiveness arises when the first sentence was based upon a guilty plea, and the second, longer sentence follows a trial. [read post]
25 May 2012, 12:05 am by Ken
Smith, 490 U.S. 794, 799–800, 109 S.Ct. 2201, 2204–2205, 104 L.Ed.2d 865 (1989) (where Pearce presumption does not apply, burden remains upon defendant to prove actual vindictiveness). [read post]
27 Feb 2017, 7:31 am by MBettman
Smith, 490 U.S. 794 (1989) (No presumption of vindictiveness arises when the first sentence was based upon a guilty plea, and the second, longer sentence follows a trial.) [read post]