Georgia v. Hudson
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The issue before the Supreme Court in this called for the Court to decide the correct approach for determining whether a new sentence, imposed after the defendant's initial sentence has been vacated, constitutes a harsher sentence and thereby triggers a presumption of vindictiveness under "North Carolina v. Pearce," (395 U.S. 711 (1969)). More than three decades ago, the Georgia Supreme Court adopted what is known as the "count-by-count" approach. The majority of federal and state appellate courts adopted the alternative "aggregate" approach. In light of the momentum supporting Georgia's adoption of the aggregate approach, the Court granted certiorari to settle the issue with this case.
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