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· 7/19/2005

United States v. Altedias Maurice Campbell

Citations

  • 410 F.3d 456

How courts have described this case

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

  • finding no prosecutorial vindictiveness if the prosecutor’s decision is based on some objective reason other than to punish the defendant for exercising his legal rights
  • noting there can be no prose-cutorial vindictiveness if the prosecutor’s decision was based on some objective reason other than to punish the defendant for exercising his legal rights
  • “A presumption does not arise just because action detrimental to the defendant was taken after the exercise of the defendant’s legal rights; the context must also present a reasonable likelihood of vindictiveness.”
  • “A presumption does not arise just because action detrimental to the defendant was taken after the exercise of the defendant’s legal rights; the context must also present a reasonable likelihood of vindictiveness.”
  • “There can be no prosecutorial vindictiveness if the prosecutor revised the charge because of newly discovered evidence or some objective reason other than to punish the defendant for exercising his legal rights.”
  • “An example of objective evidence of a vindictive motive would be a prosecutor’s statement that he or she is bringing a new charge in order to dissuade the defendant from exercising his or her legal rights.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bye, Gibson, Bowman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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.