United States v. Christine Meyer United States of America v. Theresa Fitzgibbon United States of America v. Virginia Senders

How courts have described this case

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

• concluding that Goodwin did not adopt a per se rule for whether a presumption of vindictiveness may arise pretrial
• concluding that Goodwin did not adopt a per se rule for whether a presumption of vindictiveness may arise pretrial
• requiring at least a finding of “additional facts” that “support a realistic likelihood of vindictiveness” to establish the presumption in a pretrial situation
• affirming a presumption of vindictiveness where “[a]ll of the defendants participated in the same demonstration” but “the defendants who chose to go to trial faced two charges, whereas the other defendants confronted only one”
• “the government may be able to escape the presumption altogether by providing notice to the accused.”
• Presumption of vindictiveness exists because the superseding indictment was filed for the purpose of punishing the defendant who had invoked right to trial by jury

Source: CourtListener parenthetical corpus (CC0).