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· 9/1/2023

AMANDA MEGAN BULMAN v. STATE OF FLORIDA

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding the double jeopardy clause does not bar the imposition of a longer sentence following retrial
  • holding imposition of greater penalty based upon a successful appeal violates due process
  • finding a presumption of vindictiveness where a judge imposed a more severe sentence after a new trial
  • applying a presumption of vindictiveness where the trial judge, on retrial, imposed a more severe sentence upon the defendant who successfully attacked his initial conviction on appeal
  • distinguished and limited on other grounds by Alabama v. Smith, 490 U.S. 794, 802-03 (1989)2
  • adopting rebuttable presumption of judicial vindictiveness if court imposes more severe sentence on defendant fol- lowing retrial after defendant’s successful appeal from conviction at original trial

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.