Chaffin v. Stynchcombe, 412 U.S. 17 (1973)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

Upon retrial following the reversal of his conviction, petitioner was again found guilty and sentenced by the jury to a greater term than had been imposed by the first jury. After exhausting his state court appeals, petitioner was denied habeas corpus on his claim that imposing a higher sentence on retrial was unconstitutional, and the Court of Appeals affirmed.

Held: The rendition of a higher sentence by a jury upon retrial does not violate the Double Jeopardy Clause, North Carolina v. Pearce, 395 U.S. 711, 719-721, and does not offend the Due Process Clause as long as the jury is not informed of the prior sentence and the second sentence is not otherwise shown to be a product of vindictiveness. Nor does the possibility of a higher sentence impermissibly "chill" the exercise of a criminal defendant’s right to challenge his first conviction by direct appeal or collateral attack. Pp. 23-35.

455 F.2d 640, affirmed.

POWELL, J., delivered the opinion of the Court, in which BURGER, C.J., and WHITE, BLACKMUN, and REHNQUIST, JJ., joined. DOUGLAS, J., filed a dissenting statement, post, p. 35. STEWART, J., filed a dissenting opinion, in which BRENNAN, J., joined, post, p. 35. MARSHALL, J., filed a dissenting opinion, post, p. 38.