Alabama v. Smith | |
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Decided June 12, 1989 | |
Full case name | Alabama v. Smith |
Citations | 490 U.S. 794 ( more ) |
Holding | |
If a criminal defendant received a sentence after a guilty plea but withdrew that plea and was convicted at trial, the judge may hand down a more severe sentence. | |
Court membership | |
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Case opinions | |
Majority | Rehnquist |
Dissent | Marshall |
This case overturned a previous ruling or rulings | |
Simpson v. Rice |
Alabama v. Smith, 490 U.S. 794 (1989), was a United States Supreme Court case in which the Court held that, if a criminal defendant received a sentence after a guilty plea but withdrew that plea and was convicted at trial, the judge may hand down a more severe sentence. [1] [2]
The Espionage Act of 1917 is a United States federal law enacted on June 15, 1917, shortly after the United States entered World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code but is now found under Title 18 : 18 U.S.C. ch. 37.
The United States District Court for the Southern District of Alabama is a federal court in the Eleventh Circuit.
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North Carolina v. Pearce, 395 U.S. 711 (1969), is a United States Supreme Court case that forbids judicial “vindictiveness” from playing a role in the increased sentence a defendant receives after a new trial. In sum, due process requires that a defendant be “free of apprehension” of judicial vindictiveness. Time served for a new conviction of the same offense must be “fully credited,” and a trial judge seeking to impose a greater sentence on retrial must affirmatively state the reasons for imposing such a sentence. The companion case, Simpson v. Rice, was identical except that the defendant initially pleaded guilty and received only one trial after withdrawing that plea. Simpson was later overruled in Alabama v. Smith.
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