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Criminal Procedure Keyed to Chemerinsky
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Blackledge v. Perry
Citation:417 U.S. 21 (1974)
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Perry (Respondent), a North Carolina inmate, was convicted by a lower trial court of misdemeanor assault of another inmate with a deadly weapon while in prison. He appealed and sought a new trial. While that appeal was pending, the prosecutor obtained an indictment charging Perry with felony assault with intent to kill. Perry claimed vindictive prosecution, arguing that the indictment on the felony charge constituted a penalty for exercising his statutory right to appeal, and thus violated the Due Process Clause.
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