· 9/6/2023
Robert Shawn Ingram v. Warden, Holman Correctional Facility
Citations
- 80 F.4th 1304
Oral argument
- ListenArgued57 min recording
Source: CourtListener oral-argument corpus (CC0).
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that presumption of vindictiveness is inapplicable in a system which gave a convicted defendant the right to a trial de novo in another court
- holding that the resentencing restraints fashioned in Pearce do not apply to harsher sentences imposed after a trial de novo in states utilizing a two-tier system of trial courts
- holding that the resentencing restraints fashioned in Pearce do not apply to harsher sentences imposed after a trial De novo in states utilizing a two-tier system of trial courts
- holding that likelihood of vindictiveness does not exist where the court imposing the increased sentence has not been required to do so by another court
- concluding that a reasonable officer would not know that he violates the First Amendment by arresting a person who refuses to identify himself during a lawful investigative stop
- noting that trial de novo represents a “completely fresh determination of [the issues]” (emphasis added)
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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