United States v. Javado Barner

How courts have described this case

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

• recognizing that a prosecutor may exercise discretion to bring new charges “so long as the purpose is not to harass the defendant”
• holding that district court erred in determining that there was evidence to establish a presumption of vindictiveness, but remanding for determination of actual vindictiveness
• applying Blackledge to analyze whether there is a presumption of vindictiveness in the pre- trial context
• observing that government’s decision to later “charge the conduct in a way that could support a conviction does not show a desire to punish [the defendant] for exercising his rights, but rather to punish him for the alleged felonious conduct”
• reversing district court’s determination that there was evidence to establish a presumption of vindictiveness but remanding for determination of actual vindictiveness
• “[N]othing in the language or rationale of Goodwin rules out the possibility that a case could present additional factors that would make it appropriate to use the presumption in a pretrial setting.”

Source: CourtListener parenthetical corpus (CC0).