Michigan v. PayneAnnotate this Case
412 U.S. 47 (1973)
U.S. Supreme Court
Michigan v. Payne, 412 U.S. 47 (1973)
Michigan v. Payne
Argued February 22, 1973
Decided May 21, 1973
412 U.S. 47
The "prophylactic" due process limitations established by North Carolina v. Pearce,395 U. S. 711, 395 U. S. 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. 412 U. S. 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. 412 U. S. 58. MARSHALL, J., filed a dissenting opinion, in Part III of which STEWART, J., joined, post, p. 412 U. S. 59.
Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.