North Carolina v. Pearce, No. 413 (U.S. Supreme Court) (395 U.S. 711; 89 S.Ct. 2072) (June 23, 1969) (Justice Stewart)
Here the Court held that the Due Process Clause of the Fifth Amendment requires that vindictiveness against a defendant for having successfully attacked his first conviction must play no part in the sentence he receives after a new trial and that a defendant be freed of any apprehension of retaliatory ...
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