· 7/1/1863
Kneeland v. Fuller
Citations
- 51 Me. 518
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, following a guilty plea, defendant‟s claim of retaliatory sentencing was cognizable in a Rule 24.035 proceeding
- movant must show \something beyond the bare possibility that retaliation could have been a factor in sentencing\
- relief lies if court actually factored defendant’s exercise of constitutional right into sentencing decision, even if other factors could have supported same sentence
- to show sentencing court actually enhanced sentence based on defendant exercising his or her right to trial, record must include specific statement by court showing such, not merely generalized observations about failure to take responsibility
Source: CourtListener parenthetical corpus (CC0).
Judges: Appleton, Barrows, Cutting, Danfortii, Kent, Walton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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