Texas v. McCullough, No. 84-1198 (U.S. Supreme Court) (475 U.S. 134; 106 S.Ct. 976) (February 26, 1986) (Justice Burger)
In this case the defendant, upon retrial, chose to be sentenced by a judge rather than by the jury. The judge ultimately imposed a harsher sentence than had been imposed by the jury in the original trial. (Id., at 136). The Court refused to apply the presumption of vinictiveness established …
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