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Michigan v. Payne, 412 U.S. 47 (1973)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Michigan v. Payne, 412 U.S. 47 (1973)
Michigan v. Payne No. 71-1005 Argued February 22, 1973 Decided May 21, 1973 412 U.S. 47
CERTIORARI TO THE SUPREME COURT OF MICHIGAN
Syllabus
The "prophylactic" due process limitations established by North Carolina v. Pearce, 395 U.S. 711, 723-726, to guard against the possibility of vindictiveness in case where a judge imposes a more severe sentence upon defendant after a new trial, are not retroactively applicable to resentencing proceedings that, like the one involved in this case, occurred prior to the date of the Pearce decision. Pp. 50-57.
386 Mich. 84, 191 N.W.2d 375, reversed and remanded.
POWELL, J., delivered the opinion of the Court, in which BURGER, C.J., and BRENNAN, WHITE, BLACKMUN, and REHNQUIST, JJ., joined. DOUGLAS, J., filed a dissenting opinion, post, p. 58. MARSHALL, J., filed a dissenting opinion, in Part III of which STEWART, J., joined, post, p. 59.
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Chicago: U.S. Supreme Court, "Syllabus," Michigan v. Payne, 412 U.S. 47 (1973) in 412 U.S. 47 Original Sources, accessed May 19, 2024, http://www.originalsources.com/Document.aspx?DocID=T14Z6LYEHWYYBVJ.
MLA: U.S. Supreme Court. "Syllabus." Michigan v. Payne, 412 U.S. 47 (1973), in 412 U.S. 47, Original Sources. 19 May. 2024. http://www.originalsources.com/Document.aspx?DocID=T14Z6LYEHWYYBVJ.
Harvard: U.S. Supreme Court, 'Syllabus' in Michigan v. Payne, 412 U.S. 47 (1973). cited in 1973, 412 U.S. 47. Original Sources, retrieved 19 May 2024, from http://www.originalsources.com/Document.aspx?DocID=T14Z6LYEHWYYBVJ.
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