Pearce presumption in Missouri

6 Missouri opinions name it 1 courts 1977–2005 0 in the last five years

The cases below were cited by Missouri 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)

Case	Followed	Cited
Alabama v. Smithgreen scotus · 1989 · cited in 2 Missouri opinions naming this issue, 1992–1999 2 sentences 1999In Alabama v. Smith, 490 U.S. 794, 799 , 109 S.Ct. 2201, 2204 , 104 L.Ed.2d 865 (1989) (quoting Texas v. McCullough, 475 U.S. 134, 138 , 106 S.Ct. 976, 979 , 89 L.Ed.2d 104 (1986)), the United States Supreme Court held that the Pearce presumption of vindictiveness “do[es] not apply in every case where a convicted defendant receives a higher sentence on retrial.” The Court stated that “ ‘the evil the [Pearce~[ Court sought to prevent’ was not the imposition of ‘enlarged sentences after a new trial,’ but ‘vindictiveness of a sentencing judge.’ ” Id. (quoting McCullough, 475 U.S. at 138 , 106 S.C 1999In Alabama v. Smith, 490 U.S. 794, 799 , 109 S.Ct. 2201, 2204 , 104 L.Ed.2d 865 (1989) (quoting Texas v. McCullough, 475 U.S. 134, 138 , 106 S.Ct. 976, 979 , 89 L.Ed.2d 104 (1986)), the United States Supreme Court held that the Pearce presumption of vindictiveness “do[es] not apply in every case where a convicted defendant receives a higher sentence on retrial.” The Court stated that “ ‘the evil the [Pearce~[ Court sought to prevent’ was not the imposition of ‘enlarged sentences after a new trial,’ but ‘vindictiveness of a sentencing judge.’ ” Id. (quoting McCullough, 475 U.S. at 138 , 106 S.C	1	2
North Carolina v. Pearcered scotus · 1969 · cited in 1 Missouri opinions naming this issue, 2005–2005 2 sentences 2005See id. at 725. 2005See id. at 725.	1	1
Bolinger v. Stategreen moctapp · 1985 · cited in 1 Missouri opinions naming this issue, 1996–1996 2 sentences 1996Bolinger v. State, 703 S.W.2d 25, 27 (Mo.App.1985). 1996Bolinger v. State, 703 S.W.2d 25, 27 (Mo.App.1985).	1	1
Michigan v. Paynegreen scotus · 1973 · cited in 1 Missouri opinions naming this issue, 1985–1985 2 sentences 1985Moreover, the fact that the trial judge was the same judge who granted appellant’s relief in his first 27.26 motion, dispels any notion that the sentences imposed could have been based upon “unarticulated resentment at having been reversed on appeal, or his subjective institutional interest in discouraging meritless appeals.” See Michigan v. Payne, 412 U.S. 47, 53 , 93 S.Ct. 1966, 1969 , 36 L.Ed.2d 736, 743 (1973). 1985Moreover, the fact that the trial judge was the same judge who granted appellant’s relief in his first 27.26 motion, dispels any notion that the sentences imposed could have been based upon “unarticulated resentment at having been reversed on appeal, or his subjective institutional interest in discouraging meritless appeals.” See Michigan v. Payne, 412 U.S. 47, 53 , 93 S.Ct. 1966, 1969 , 36 L.Ed.2d 736, 743 (1973).	1	1
State v. Johnsongreen mo · 1972 · cited in 1 Missouri opinions naming this issue, 1977–1977 2 sentences 1977In State v. Johnson, 485 S.W.2d 106, 112-113 (Mo. 1972) it was held that the Pearce rule did not apply when the second increased sentence was imposed by the jury. . 1977In State v. Johnson, 485 S.W.2d 106, 112-113 (Mo. 1972) it was held that the Pearce rule did not apply when the second increased sentence was imposed by the jury. .	1	1
Angus J. De Pinto, Cross-Complainant v. Hjalmar B. Landoe, Cross-Defendant, Angus J. De Pinto, Cross-Complainant v. Francis I. Sabo, Cross-Defendantgreen ca9 · 1973 · cited in 1 Missouri opinions naming this issue, 1977–1977 2 sentences 1977Baggett v. State, supra, 302 So.2d at 207; Taylor v. United States, supra, 475 F.2d at 1123. 41 Second, after a careful review of this record, there is no unarticulated vindictiveness violative of the Pearce rule in the sentence imposed by the trial court. 1977Baggett v. State, supra, 302 So.2d at 207; Taylor v. United States, supra, 475 F.2d at 1123. 41 Second, after a careful review of this record, there is no unarticulated vindictiveness violative of the Pearce rule in the sentence imposed by the trial court.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (4)

Case	Cited	Years
Colten v. Kentucky green scotus · 1972 2 sentences 1999The Smith Court cited Colten v. Kentucky, 407 U.S. 104 , 92 S.Ct. 1953 , 32 L.Ed.2d 584 (1972) as an example of a situation in which the Pearce presumption does not apply. 1999The Smith Court cited Colten v. Kentucky, 407 U.S. 104 , 92 S.Ct. 1953 , 32 L.Ed.2d 584 (1972) as an example of a situation in which the Pearce presumption does not apply.	2	1977–1999
Chaffin v. Stynchcombe green scotus · 1973 2 sentences 1999The McCullough court refused to apply the Pearce presumption when the trial court had granted the defendant’s motion for a new trial because “ ‘unlike the judge who has been reversed’, the trial judge here ‘had no motivation to engage in self-vindication.’ ” Id. at 139, 106 S.Ct. at 979 (quoting Chaffin, 412 U.S. at 27 , 93 S.Ct. at 1983 ). 1999The McCullough court refused to apply the Pearce presumption when the trial court had granted the defendant’s motion for a new trial because “ ‘unlike the judge who has been reversed’, the trial judge here ‘had no motivation to engage in self-vindication.’ ” Id. at 139, 106 S.Ct. at 979 (quoting Chaffin, 412 U.S. at 27 , 93 S.Ct. at 1983 ).	1	1999–1999
Texas v. McCullough green scotus · 1986 2 sentences 1999In Alabama v. Smith, 490 U.S. 794, 799 , 109 S.Ct. 2201, 2204 , 104 L.Ed.2d 865 (1989) (quoting Texas v. McCullough, 475 U.S. 134, 138 , 106 S.Ct. 976, 979 , 89 L.Ed.2d 104 (1986)), the United States Supreme Court held that the Pearce presumption of vindictiveness “do[es] not apply in every case where a convicted defendant receives a higher sentence on retrial.” The Court stated that “ ‘the evil the [Pearce~[ Court sought to prevent’ was not the imposition of ‘enlarged sentences after a new trial,’ but ‘vindictiveness of a sentencing judge.’ ” Id. (quoting McCullough, 475 U.S. at 138 , 106 S.C 1999In Alabama v. Smith, 490 U.S. 794, 799 , 109 S.Ct. 2201, 2204 , 104 L.Ed.2d 865 (1989) (quoting Texas v. McCullough, 475 U.S. 134, 138 , 106 S.Ct. 976, 979 , 89 L.Ed.2d 104 (1986)), the United States Supreme Court held that the Pearce presumption of vindictiveness “do[es] not apply in every case where a convicted defendant receives a higher sentence on retrial.” The Court stated that “ ‘the evil the [Pearce~[ Court sought to prevent’ was not the imposition of ‘enlarged sentences after a new trial,’ but ‘vindictiveness of a sentencing judge.’ ” Id. (quoting McCullough, 475 U.S. at 138 , 106 S.C	1	1999–1999
Commonwealth v. Pearson green pa · 1973 2 sentences 1977In State v. Johnson, 485 S.W.2d 106, 112-113 (Mo.1972) it was held that the Pearce rule did not apply when the second increased sentence was imposed by the jury. [41] Cf. Commonwealth v. Pearson, 450 Pa. 467 , 303 A.2d 481 (1973). 1977In State v. Johnson, 485 S.W.2d 106, 112-113 (Mo.1972) it was held that the Pearce rule did not apply when the second increased sentence was imposed by the jury. [41] Cf. Commonwealth v. Pearson, 450 Pa. 467 , 303 A.2d 481 (1973).	1	1977–1977

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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