· 5/14/1981
United States v. James Albert Robison, United States of America v. Fred Joseph Pedote, United States of America v. Leroy Jones
Citations
- 644 F.2d 1270
- 1981 U.S. App. LEXIS 13291
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that “Robison has failed to demonstrate any connection between the exercise of procedural rights in prior prosecutions and the federal prosecution challenged here.”
- holding that “the involvement of separate sovereigns tends to negate a vindictive prosecution claim,” but declining to hold that “a second prosecution can never be vindictive when it follows a successful defense in a foreign jurisdiction”
- finding that “Robison has failed to demonstrate any connection between the exercise of procedural rights in prior prosecutions and the fed- eral prosecution challenged here.”
- stating it is the prosecution's \attempt or threat to 'up the ante' by bringing new or more serious charges in response to the exercise of protected rights that violates the due process guarantee\
- stating it is the prosecution’s “attempt or threat to ‘up the ante’ by bringing new or more serious charges in response to the exercise of protected rights that violates the due process guarantee”
- prosecutor's attempt to seek a heavier penalty for the same acts is inherently suspect
Source: CourtListener parenthetical corpus (CC0).
Judges: Wright, Choy, Ferguson
Read full opinion on CourtListenerSourced 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.