United States v. Albert J. Kinsey, United States of America v. Joseph Kinsey

How courts have described this case

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

• distinguishing Kennedy and Jordan where original sentence was illegal in its entirety
• finding state’s correction of illegal sentence based on defendant’s appeal that resulted in no net increase in sentence “does not suggest a vengeful or retaliatory motive, as connoted by vindictive prosecution.”
• finding no double jeopardy violation when sentence was increased on post-appeal motion
• correction of sentence “does not automatically amount to double jeopardy, even though the legal sentence exceeds the previously imposed illegal sentence”
• “But the doctrine of vindictive prosecution does not apply, when, as here, there has been no increase in the severity of . . . the sentence imposed.”

Source: CourtListener parenthetical corpus (CC0).