Pearce presumption (Washington) · Go Syfert
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Pearce presumption in Washington

7 Washington opinions name it 2 courts 1989–2023 1 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Alabama v. Smithgreen
scotus · 1989 · cited in 4 Washington opinions naming this issue, 1989–2023
2 sentences

2023This argument fails because the Supreme Court has since restricted the Pearce presumption of judicial vindictiveness to only those cases in which “there is a ‘reasonable likelihood’ that the increase in sentence is the product of actual vindictiveness on the part of the sentencing authority.” Alabama v. Smith, 490 U.S. 794, 799 , 109 S. Ct. 2201 , 104 L.

2023This argument fails because the Supreme Court has since restricted the Pearce presumption of judicial vindictiveness to only those cases in which “there is a ‘reasonable likelihood’ that the increase in sentence is the product of actual vindictiveness on the part of the sentencing authority.” Alabama v. Smith, 490 U.S. 794, 799 , 109 S. Ct. 2201 , 104 L.

14
State v. Browngreen
wash · 2019 · cited in 1 Washington opinions naming this issue, 2023–2023
2 sentences

2023Ed. 2d 74 (1982) (internal citation omitted); see also Brown, 193 Wn.2d at 288-90 (acknowledging the line of cases limiting the Pearce presumption of 8 No. 84430-0-I/9 vindictiveness).

2023Ed. 2d 74 (1982) (internal citation omitted); see also Brown, 193 Wn.2d at 288-90 (acknowledging the line of cases limiting the Pearce presumption of 8 No. 84430-0-I/9 vindictiveness).

11
Texas v. McCulloughgreen
scotus · 1986 · cited in 1 Washington opinions naming this issue, 2019–2019
2 sentences

2019See, e.g., *290 McCullough, 475 U.S. 134 , 106 S.Ct. 976 , 89 L.Ed.2d 104 (holding the presumption does not apply where retrial that resulted in the harsher sentence was initiated because the trial judge herself concluded a new trial was warranted based on prosecutorial misconduct); Chaffin v. Stynchcombe, 412 U.S. 17 , 93 S.Ct. 1977 , 36 L.Ed.2d 714 (1973) ( Pearce presumption does not apply when new jury at retrial imposes a harsher penalty than the original jury); Colten v. Kentucky, 407 U.S. 104 , 92 S.Ct. 1953 , 32 L.Ed.2d 584 (1972) (presumption does not apply where de novo trial in gene

2019See, e.g., *290 McCullough, 475 U.S. 134 , 106 S.Ct. 976 , 89 L.Ed.2d 104 (holding the presumption does not apply where retrial that resulted in the harsher sentence was initiated because the trial judge herself concluded a new trial was warranted based on prosecutorial misconduct); Chaffin v. Stynchcombe, 412 U.S. 17 , 93 S.Ct. 1977 , 36 L.Ed.2d 714 (1973) ( Pearce presumption does not apply when new jury at retrial imposes a harsher penalty than the original jury); Colten v. Kentucky, 407 U.S. 104 , 92 S.Ct. 1953 , 32 L.Ed.2d 584 (1972) (presumption does not apply where de novo trial in gene

11
cluster 11348green
· · cited in 1 Washington opinions naming this issue, 2014–2014
1 sentence

2014App. 323, 328 , 783 P.2d 1093 (1989) (no Pearce presumption arose where "revised aggregate sentence is less severe than [defendant's] original aggregate sentence" and revised sentence "is fully explained by the trial court's original sentencing intent"); United States v. Campbell, 106 F.3d 64, 69 (5th Cir. 1997) (no presumption of vindictiveness arose where defendant's original sentence was 51 months and sentence following appeal was 40 months); United States v. Bay, 820 F.2d 1511, 1514 (9th Cir. 1987) (no presumption of vindictiveness where total sentence reduced).

11
United States v. Thaeeb Baygreen
ca9 · 1987 · cited in 1 Washington opinions naming this issue, 2014–2014
1 sentence

2014App. 323, 328 , 783 P.2d 1093 (1989) (no Pearce presumption arose where "revised aggregate sentence is less severe than [defendant's] original aggregate sentence" and revised sentence "is fully explained by the trial court's original sentencing intent"); United States v. Campbell, 106 F.3d 64, 69 (5th Cir. 1997) (no presumption of vindictiveness arose where defendant's original sentence was 51 months and sentence following appeal was 40 months); United States v. Bay, 820 F.2d 1511, 1514 (9th Cir. 1987) (no presumption of vindictiveness where total sentence reduced).

11
United States v. Garland Claude Cochrangreen
ca11 · 1989 · cited in 1 Washington opinions naming this issue, 1989–1989
2 sentences

1989See United States v. Cochran, 883 F.2d 1012 (11th Cir. 1989) (concurrent sentences improperly enhanced to 30 years originally, replaced on remand with unenhanced concurrent and consecutive sentences totaling 25 years); United States v. Pimienta-Redondo, 874 F.2d 9 (1st Cir.) (en banc) (consecutive sentences replaced on remand with doubled single sentences after appellate court ruled that two crimes charged constituted a single offense), cert. denied, 110 S. Ct. 233 (1989); United States v. Gray, 852 F.2d 136 (4th Cir. 1988) (25-year aggregate term, including 3- and 5-year concurrent *327 sente

1989See United States v. Cochran, 883 F.2d 1012 (11th Cir. 1989) (concurrent sentences improperly enhanced to 30 years originally, replaced on remand with unenhanced concurrent and consecutive sentences totaling 25 years); United States v. Pimienta-Redondo, 874 F.2d 9 (1st Cir.) (en banc) (consecutive sentences replaced on remand with doubled single sentences after appellate court ruled that two crimes charged constituted a single offense), cert. denied, 110 S. Ct. 233 (1989); United States v. Gray, 852 F.2d 136 (4th Cir. 1988) (25-year aggregate term, including 3- and 5-year concurrent *327 sente

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (16)

CaseCitedYears
State v. Ameline green
washctapp · 2003
2 sentences

2019The defendant raised a presumption of vindictiveness argument, and the Court of Appeals rejected it, stating the "revised aggregate sentence [was] less severe than his original aggregate sentence." Id. at 328 , 783 P.2d 1093 . ¶27 Similarly, Division Two, in State v. Ameline, addressed the Pearce presumption. 118 Wash. App. 128 , 75 P.3d 589 (2003).

2019The defendant raised a presumption of vindictiveness argument, and the Court of Appeals rejected it, stating the "revised aggregate sentence [was] less severe than his original aggregate sentence." Id. at 328 , 783 P.2d 1093 . ¶27 Similarly, Division Two, in State v. Ameline, addressed the Pearce presumption. 118 Wash. App. 128 , 75 P.3d 589 (2003).

42004–2019
Chaffin v. Stynchcombe green
scotus · 1973
2 sentences

2019See, e.g., *290 McCullough, 475 U.S. 134 , 106 S.Ct. 976 , 89 L.Ed.2d 104 (holding the presumption does not apply where retrial that resulted in the harsher sentence was initiated because the trial judge herself concluded a new trial was warranted based on prosecutorial misconduct); Chaffin v. Stynchcombe, 412 U.S. 17 , 93 S.Ct. 1977 , 36 L.Ed.2d 714 (1973) ( Pearce presumption does not apply when new jury at retrial imposes a harsher penalty than the original jury); Colten v. Kentucky, 407 U.S. 104 , 92 S.Ct. 1953 , 32 L.Ed.2d 584 (1972) (presumption does not apply where de novo trial in gene

2019See, e.g., *290 McCullough, 475 U.S. 134 , 106 S.Ct. 976 , 89 L.Ed.2d 104 (holding the presumption does not apply where retrial that resulted in the harsher sentence was initiated because the trial judge herself concluded a new trial was warranted based on prosecutorial misconduct); Chaffin v. Stynchcombe, 412 U.S. 17 , 93 S.Ct. 1977 , 36 L.Ed.2d 714 (1973) ( Pearce presumption does not apply when new jury at retrial imposes a harsher penalty than the original jury); Colten v. Kentucky, 407 U.S. 104 , 92 S.Ct. 1953 , 32 L.Ed.2d 584 (1972) (presumption does not apply where de novo trial in gene

32004–2019
State v. Larson green
washctapp · 1989
2 sentences

2019The defendant raised a presumption of vindictiveness argument, and the Court of Appeals rejected it, stating the "revised aggregate sentence [was] less severe than his original aggregate sentence." Id. at 328 , 783 P.2d 1093 . ¶27 Similarly, Division Two, in State v. Ameline, addressed the Pearce presumption. 118 Wash. App. 128 , 75 P.3d 589 (2003).

2019The defendant raised a presumption of vindictiveness argument, and the Court of Appeals rejected it, stating the "revised aggregate sentence [was] less severe than his original aggregate sentence." Id. at 328 , 783 P.2d 1093 . ¶27 Similarly, Division Two, in State v. Ameline, addressed the Pearce presumption. 118 Wash. App. 128 , 75 P.3d 589 (2003).

32014–2019
Blackledge v. Perry green
scotus · 1974
2 sentences

2019Id. at 28-29 , 94 S.Ct. 2098 . ¶30 The Pearce presumption does not apply to all cases where a prosecutor brings more serious charges.

2019Id. at 28-29 , 94 S.Ct. 2098 . ¶30 The Pearce presumption does not apply to all cases where a prosecutor brings more serious charges.

22018–2019
State v. Ameline green
washctapp · 2003
2 sentences

2019The defendant raised a presumption of vindictiveness argument, and the Court of Appeals rejected it, stating the "revised aggregate sentence [was] less severe than his original aggregate sentence." Id. at 328 , 783 P.2d 1093 . ¶27 Similarly, Division Two, in State v. Ameline, addressed the Pearce presumption. 118 Wash. App. 128 , 75 P.3d 589 (2003).

2019The defendant raised a presumption of vindictiveness argument, and the Court of Appeals rejected it, stating the "revised aggregate sentence [was] less severe than his original aggregate sentence." Id. at 328 , 783 P.2d 1093 . ¶27 Similarly, Division Two, in State v. Ameline, addressed the Pearce presumption. 118 Wash. App. 128 , 75 P.3d 589 (2003).

22004–2019
United States v. Goodwin green
scotus · 1982
2 sentences

2023Ed. 2d 865 (1989) (quoting U.S. v. Goodwin, 457 U.S. 368, 373 , 102 S. Ct. 2485 , 73 L.

2023Ed. 2d 865 (1989) (quoting U.S. v. Goodwin, 457 U.S. 368, 373 , 102 S. Ct. 2485 , 73 L.

12023–2023
United States v. James R. Monaco and Eugene O. Hicks green
ca11 · 1983
2 sentences

2019Id.

2019Id.

12019–2019
Colten v. Kentucky green
scotus · 1972
2 sentences

2019See, e.g., *290 McCullough, 475 U.S. 134 , 106 S.Ct. 976 , 89 L.Ed.2d 104 (holding the presumption does not apply where retrial that resulted in the harsher sentence was initiated because the trial judge herself concluded a new trial was warranted based on prosecutorial misconduct); Chaffin v. Stynchcombe, 412 U.S. 17 , 93 S.Ct. 1977 , 36 L.Ed.2d 714 (1973) ( Pearce presumption does not apply when new jury at retrial imposes a harsher penalty than the original jury); Colten v. Kentucky, 407 U.S. 104 , 92 S.Ct. 1953 , 32 L.Ed.2d 584 (1972) (presumption does not apply where de novo trial in gene

2019See, e.g., *290 McCullough, 475 U.S. 134 , 106 S.Ct. 976 , 89 L.Ed.2d 104 (holding the presumption does not apply where retrial that resulted in the harsher sentence was initiated because the trial judge herself concluded a new trial was warranted based on prosecutorial misconduct); Chaffin v. Stynchcombe, 412 U.S. 17 , 93 S.Ct. 1977 , 36 L.Ed.2d 714 (1973) ( Pearce presumption does not apply when new jury at retrial imposes a harsher penalty than the original jury); Colten v. Kentucky, 407 U.S. 104 , 92 S.Ct. 1953 , 32 L.Ed.2d 584 (1972) (presumption does not apply where de novo trial in gene

12019–2019
Jonah P. Anders, and All Others Similarly Situated v. Hometown Mortgage Services, Inc., Mortgage Brokers Group of Tuscaloosa green
ca11 · 2003
2 sentences

2019"Because Monaco arose and was decided before the sentencing guidelines existed, it could not, and did not purport to, decide what approach should be used to determine when the Pearce *293 presumption applies to a new sentence imposed under the guidelines regime." Id. ¶26 Our court has never considered which approach to adopt in determining a Pearce presumption of vindictiveness.

2019"Because Monaco arose and was decided before the sentencing guidelines existed, it could not, and did not purport to, decide what approach should be used to determine when the Pearce *293 presumption applies to a new sentence imposed under the guidelines regime." Id. ¶26 Our court has never considered which approach to adopt in determining a Pearce presumption of vindictiveness.

12019–2019
Bordenkircher v. Hayes green
scotus · 1978
2 sentences

2019In Bordenkircher v. Hayes, the Supreme Court determined that the presumption does not apply in the pretrial context during plea negotiations when the prosecution threatens and executes additional charges when plea negotiations do *971 not result in a guilty plea. 434 U.S. 357 , 98 S.Ct. 663 , 54 L.Ed.2d 604 (1978).

2019In Bordenkircher v. Hayes, the Supreme Court determined that the presumption does not apply in the pretrial context during plea negotiations when the prosecution threatens and executes additional charges when plea negotiations do *971 not result in a guilty plea. 434 U.S. 357 , 98 S.Ct. 663 , 54 L.Ed.2d 604 (1978).

12019–2019
State v. Tili green
wash · 2003
2 sentences

2018The United States Supreme Court has extended the Pearce presumption to review of prosecutorial conduct directed against a defendant who has 79 id. 17 No. 75458-1-1/18 exercised his right to challenge his conviction.80 It has concluded that such a defendant "convicted of an offense is entitled to pursue his statutory right to a trial de novo, without apprehension that the State will retaliate by substituting a more serious charge for the original one, thus subjecting him to a significantly increased potential period of incarceration "81 The supreme court has further explained that a prosecutori

2018The United States Supreme Court has extended the Pearce presumption to review of prosecutorial conduct directed against a defendant who has 79 id. 17 No. 75458-1-1/18 exercised his right to challenge his conviction.80 It has concluded that such a defendant "convicted of an offense is entitled to pursue his statutory right to a trial de novo, without apprehension that the State will retaliate by substituting a more serious charge for the original one, thus subjecting him to a significantly increased potential period of incarceration "81 The supreme court has further explained that a prosecutori

12018–2018
United States v. David Bentley green
ca7 · 1988
2 sentences

1989See United States v. Cochran, 883 F.2d 1012 (11th Cir. 1989) (concurrent sentences improperly enhanced to 30 years originally, replaced on remand with unenhanced concurrent and consecutive sentences totaling 25 years); United States v. Pimienta-Redondo, 874 F.2d 9 (1st Cir.) (en banc) (consecutive sentences replaced on remand with doubled single sentences after appellate court ruled that two crimes charged constituted a single offense), cert. denied, 110 S. Ct. 233 (1989); United States v. Gray, 852 F.2d 136 (4th Cir. 1988) (25-year aggregate term, including 3- and 5-year concurrent *327 sente

1989See United States v. Cochran, 883 F.2d 1012 (11th Cir. 1989) (concurrent sentences improperly enhanced to 30 years originally, replaced on remand with unenhanced concurrent and consecutive sentences totaling 25 years); United States v. Pimienta-Redondo, 874 F.2d 9 (1st Cir.) (en banc) (consecutive sentences replaced on remand with doubled single sentences after appellate court ruled that two crimes charged constituted a single offense), cert. denied, 110 S. Ct. 233 (1989); United States v. Gray, 852 F.2d 136 (4th Cir. 1988) (25-year aggregate term, including 3- and 5-year concurrent *327 sente

11989–1989
United States v. Linwood Gray, United States of America v. Harry L. Staley green
ca4 · 1988
2 sentences

1989See United States v. Cochran, 883 F.2d 1012 (11th Cir. 1989) (concurrent sentences improperly enhanced to 30 years originally, replaced on remand with unenhanced concurrent and consecutive sentences totaling 25 years); United States v. Pimienta-Redondo, 874 F.2d 9 (1st Cir.) (en banc) (consecutive sentences replaced on remand with doubled single sentences after appellate court ruled that two crimes charged constituted a single offense), cert. denied, 110 S. Ct. 233 (1989); United States v. Gray, 852 F.2d 136 (4th Cir. 1988) (25-year aggregate term, including 3- and 5-year concurrent *327 sente

1989See United States v. Cochran, 883 F.2d 1012 (11th Cir. 1989) (concurrent sentences improperly enhanced to 30 years originally, replaced on remand with unenhanced concurrent and consecutive sentences totaling 25 years); United States v. Pimienta-Redondo, 874 F.2d 9 (1st Cir.) (en banc) (consecutive sentences replaced on remand with doubled single sentences after appellate court ruled that two crimes charged constituted a single offense), cert. denied, 110 S. Ct. 233 (1989); United States v. Gray, 852 F.2d 136 (4th Cir. 1988) (25-year aggregate term, including 3- and 5-year concurrent *327 sente

11989–1989
United States v. Juan Pimienta-Redondo, United States of America v. Alfredo Pupo green
ca1 · 1989
2 sentences

1989See United States v. Cochran, 883 F.2d 1012 (11th Cir. 1989) (concurrent sentences improperly enhanced to 30 years originally, replaced on remand with unenhanced concurrent and consecutive sentences totaling 25 years); United States v. Pimienta-Redondo, 874 F.2d 9 (1st Cir.) (en banc) (consecutive sentences replaced on remand with doubled single sentences after appellate court ruled that two crimes charged constituted a single offense), cert. denied, 110 S. Ct. 233 (1989); United States v. Gray, 852 F.2d 136 (4th Cir. 1988) (25-year aggregate term, including 3- and 5-year concurrent *327 sente

1989See United States v. Cochran, 883 F.2d 1012 (11th Cir. 1989) (concurrent sentences improperly enhanced to 30 years originally, replaced on remand with unenhanced concurrent and consecutive sentences totaling 25 years); United States v. Pimienta-Redondo, 874 F.2d 9 (1st Cir.) (en banc) (consecutive sentences replaced on remand with doubled single sentences after appellate court ruled that two crimes charged constituted a single offense), cert. denied, 110 S. Ct. 233 (1989); United States v. Gray, 852 F.2d 136 (4th Cir. 1988) (25-year aggregate term, including 3- and 5-year concurrent *327 sente

11989–1989
Ferkins v. Scully green
scotus · 1988
2 sentences

1989See United States v. Cochran, 883 F.2d 1012 (11th Cir. 1989) (concurrent sentences improperly enhanced to 30 years originally, replaced on remand with unenhanced concurrent and consecutive sentences totaling 25 years); United States v. Pimienta-Redondo, 874 F.2d 9 (1st Cir.) (en banc) (consecutive sentences replaced on remand with doubled single sentences after appellate court ruled that two crimes charged constituted a single offense), cert. denied, 110 S. Ct. 233 (1989); United States v. Gray, 852 F.2d 136 (4th Cir. 1988) (25-year aggregate term, including 3- and 5-year concurrent *327 sente

1989See United States v. Cochran, 883 F.2d 1012 (11th Cir. 1989) (concurrent sentences improperly enhanced to 30 years originally, replaced on remand with unenhanced concurrent and consecutive sentences totaling 25 years); United States v. Pimienta-Redondo, 874 F.2d 9 (1st Cir.) (en banc) (consecutive sentences replaced on remand with doubled single sentences after appellate court ruled that two crimes charged constituted a single offense), cert. denied, 110 S. Ct. 233 (1989); United States v. Gray, 852 F.2d 136 (4th Cir. 1988) (25-year aggregate term, including 3- and 5-year concurrent *327 sente

11989–1989
Reaves v. Western Union Telegraph Co. green
sc · 1918
2 sentences

1989See United States v. Cochran, 883 F.2d 1012 (11th Cir. 1989) (concurrent sentences improperly enhanced to 30 years originally, replaced on remand with unenhanced concurrent and consecutive sentences totaling 25 years); United States v. Pimienta-Redondo, 874 F.2d 9 (1st Cir.) (en banc) (consecutive sentences replaced on remand with doubled single sentences after appellate court ruled that two crimes charged constituted a single offense), cert. denied, 110 S. Ct. 233 (1989); United States v. Gray, 852 F.2d 136 (4th Cir. 1988) (25-year aggregate term, including 3- and 5-year concurrent *327 sente

1989See United States v. Cochran, 883 F.2d 1012 (11th Cir. 1989) (concurrent sentences improperly enhanced to 30 years originally, replaced on remand with unenhanced concurrent and consecutive sentences totaling 25 years); United States v. Pimienta-Redondo, 874 F.2d 9 (1st Cir.) (en banc) (consecutive sentences replaced on remand with doubled single sentences after appellate court ruled that two crimes charged constituted a single offense), cert. denied, 110 S. Ct. 233 (1989); United States v. Gray, 852 F.2d 136 (4th Cir. 1988) (25-year aggregate term, including 3- and 5-year concurrent *327 sente

11989–1989

Where else courts name it

TX 49 (1975–2024) OH 24 (1997–2023) FL 17 (1985–2018) PA 14 (1976–2026) GA 14 (2005–2024) WI 12 (1983–2022) IL 11 (1985–2019) LA 10 (1987–2012) CT 10 (1985–2021) MD 9 (1980–2018) MA 8 (1970–2014) MI 7 (1976–2025) OR 7 (2010–2019) WA 7 (1989–2023) NY 6 (1977–2023) MO 6 (1977–2005) MT 5 (1980–2004) NJ 5 (1981–2000) ID 5 (1993–2024) KS 5 (1982–2022) IA 5 (2003–2011) NV 5 (2019–2025) SC 5 (1987–2002) UT 4 (2002–2013) HI 4 (2003–2025) NM 4 (1988–2022) VT 4 (1991–2015) CA 4 (1998–2021) AZ 4 (1986–2019) ME 3 (1983–1990) CO 3 (2007–2015) MS 3 (1985–2018) DC 2 (1985–2000) VA 2 (2003–2003) IN 2 (1986–2009) NE 2 (2006–2016) AL 2 (1984–1999) WY 2 (2011–2013) AK 2 (2005–2011) DE 2 (1978–1980) TN 2 (1990–1997) AR 2 (1998–2011) NH 2 (1982–1991) SD 2 (1986–2010)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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