| North Carolina v. Pearce | |
|---|---|
 | |
| Argued February 24, 1969 Decided June 23, 1969 | |
| Full case name | State of North Carolina et al. v. Clifton A. Pearce v. William S. Rice |
| Citations | 395 U.S. 711 (more) 89 S. Ct. 2072; 23 L. Ed. 2d 656 |
| Case history | |
| Prior | In the first case, the United States District Court for the Middle District of Alabama, 274 F. Supp. 116 (M.D. Ala. 1967), granted writ and the warden appealed. The United States Court of Appeals for the Fifth Circuit, 396 F.2d 499 (5th Cir. 1968), affirmed and certiorari was granted. 393 U.S. 922, 89 S.Ct. 258, 21 L.Ed.2d 258. In the second case, the United States District Court for the Eastern District of North Carolina, at Raleigh, ordered the prisoner's release and appeal was taken. The United States Court of Appeals, 397 F.2d 253 (4th Cir. 1968), affirmed and certiorari was granted. 393 U.S. 932, 89 S.Ct. 292, 21 L.Ed.2d 268. |
| Subsequent | limited by Alabama v. Smith, 490 U.S. 794, 109 S. Ct. 2201, 104 L. Ed. 2d 865 (1989) |
| Holding | |
| Trial court denied respondents' due process right by imposing a heavier sentence to punish respondent for having his original conviction set aside. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Stewart, joined by Brennan and Warren |
| Concurrence | Douglas, joined by Marshall |
| Concurrence | White |
| Concur/dissent | Black |
| Concur/dissent | Harlan |
| Laws applied | |
| U.S. Const. amend. XIV; U.S. Const. amend. V | |
Superseded by | |
| Alabama v. Smith | |
North Carolina v. Pearce, 395 U.S. 711 (1969), is a United States Supreme Court case that forbids judicial “vindictiveness” from playing a role in the increased sentence a defendant receives after a new trial. In sum, due process requires that a defendant be “free of apprehension” of judicial vindictiveness.[1] Time served for a new conviction of the same offense must be “fully credited,” and a trial judge seeking to impose a greater sentence on retrial must affirmatively state the reasons for imposing such a sentence.[1] The companion case, Simpson v. Rice, was identical except that the defendant initially pleaded guilty and received only one trial after withdrawing that plea. Simpson was later overruled in Alabama v. Smith.