NCJ Number
14409
Journal
Saint Louis University Law Journal Volume: 18 Issue: 3 Dated: (SPRING 1974) Pages: 426-439
Date Published
1974
Length
14 pages
Annotation
REVIEW OF THE 1972 SUPREME COURT DECISION HOLDING THAT THE LIMITATIONS ON INCREASED SENTENCES UPON RE-TRIAL IMPOSED BY THE 1969 CASE OF PEARCE DO NOT APPLY TO THE TWO-STAGE TRIAL DE NOVO SYSTEM.
Abstract
A TRIAL DE NOVO, IS AWARDED AS A MATTER OF RIGHT IN THE COURT SYSTEMS OF HALF OF THE STATES. A COURT OF LIMITED JURISDICTION'S DECISION IS SET ASIDE, THE SLATE IS WIPED CLEAN, AND THE TRIAL PROCEEDS AS IF THE CASE WERE BEING HEARD FOR THE FIRST TIME, IN A COURT OF GENERAL JURISDICTION. THE COURT INTIMATED THAT THERE IS NO DANGER OF VINDICTIVE SENTENCING IN AN APPEAL WITHOUT AN APPELATE REVERSAL (TRIAL DE NOVO) AS OPPOSED TO AN APPEAL WITH AN APPELATE REVERSAL. (AUTHOR ABSTRACT)