· 3/14/1990
Ronald Kelly v. E. Calvin Neubert, Administrator, and W. Carey Edwards, the Attorney General of the State of New Jersey
Citations
- 898 F.2d 15
- 1990 U.S. App. LEXIS 3672
- 1990 WL 25787
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “the aggregate [sentence] reduction . . . coupled with the absence of anything to indicate vindictiveness on the part of the sentencing judge satisfies us that the trial court’s increases in some of [the defendant’s] sentences on individual counts were proper”
- rejecting Pearce claim where, on remand, sentencing court increased sentences on several individual counts but reduced overall sentence
- rejecting a vindictiveness claim where, on remand, the district court increased some sentences on individual counts but reduced the overall sentence
- no due process violation where state trial court increases individual sentences on remand after appeal
- sentence restructuring in order to effectuate original sentencing intent may result in increased sentences on individual counts
Source: CourtListener parenthetical corpus (CC0).
Judges: Higginbotham, Hutchinson, Cowen
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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