Cases pin-citing Alabama v. Smith · Go Syfert
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Cases pin-citing Alabama v. Smith

Alabama v. Smith  ·  1989  ·  39 pinpoint citations from 12 cases, 12 distinct passages.

State v. Jackson  ·  2025-07-28  ·  Ohio Court of Appeals  ·  3 pin-cites  ·  pin 104 L. Ed. 2d at 794
“[w]hile sentencing discretion permits consideration of a wide range of information relevant to the assessment of punishment * * * it must not be exercised with the purpose of punishing a successful appeal”
State v. Jackson  ·  2023-12-04  ·  Ohio Court of Appeals  ·  3 pin-cites  ·  pin 104 L. Ed. 2d at 794
“[w]hile sentencing discretion permits consideration of a wide range of information relevant to the assessment of punishment * * * it must not be exercised with the purpose of punishing a successful appeal”
Com. v. Burton, R.  ·  2017-07-26  ·  Superior Court of Pennsylvania  ·  pin 490 U.S. at 794
“[T]he sentence we imposed of [twelve]-[twenty-four] years is actually less than the [seventeen and one-half] to [forty] year sentence imposed on October 2, 2012 and below the mitigated guidelines.”
United States v. García-Pagán  ·  2015-10-20  ·  First Circuit  ·  3 pin-cites  ·  pin 104 L. Ed. 2d at 794
“[A]fter trial, the factors that may have indicated leniency as a consideration for the guilty plea are no longer present.”
United States v. Baugham  ·  2010-07-30  ·  D.C. Circuit  ·  6 pin-cites  ·  pin 104 L. Ed. 2d at 794
"[The presumption applies in] circumstances ... in which there is a `reasonable likelihood' that the increase in sentence is the product of actual vindictiveness.... [Otherwise] the burden remains upon the defendant to prove actual vindictiveness."
State v. Korum  ·  2006-08-17  ·  Washington Supreme Court  ·  3 pin-cites  ·  pin 104 L. Ed. 2d at 794
"we have upheld the prosecutorial practice of threatening a defendant with increased charges if he does not plead guilty, and following through on that threat if the defendant insists on his right to stand trial."
Correia v. Hall  ·  2004-04-16  ·  First Circuit  ·  pin 109 S. Ct. at 2201
“[T]he defendant’s conduct during trial may give the judge insights into [the defendant’s] moral character and suitability for rehabilitation.”
Cairns v. Commonwealth  ·  2003-04-15  ·  Court of Appeals of Virginia  ·  4 pin-cites  ·  pin 104 L. Ed. 2d at 865
"While the Pearce opinion appeared on its face to announce a rule of sweeping dimension, our subsequent cases have made clear that its presumption of vindictiveness does not apply in every case where a convicted defendant receives a higher sentence on retrial."
Hemby v. Hannigan  ·  2001-04-12  ·  Tenth Circuit  ·  3 pin-cites  ·  pin 104 L. Ed. 2d at 794
“Even when the same judge imposes both sentences, the relevant sentencing information available to the judge after the plea will usually be considerably less than that available after a trial.”
United States v. Baker  ·  1993-10-19  ·  3 pin-cites  ·  pin 104 L. Ed. 2d at 794
“[I]n the course of the proof at trial the judge may gather a fuller appreciation of the nature and extent of the crimes charged.”
United States v. Alberto Paramo  ·  1993-08-06  ·  Third Circuit  ·  6 pin-cites  ·  pin 104 L. Ed. 2d at 794
"a prosecutor may offer a 'recommendation of a lenient sentence or a reduction of charges' as part of the plea bargaining process"