UNITED STATES V. GOODWIN
457 U.S. 368, 102 S.Ct. 2485, 73 L.Ed.2d 74 (1982)
NATURE OF THE CASE: This is an appeal from an increase of the severity of a criminal
charge before trial.
FACTS: Goodwin (D) was charged with a misdemeanor and given a trial date. D fled the
jurisdiction. D was later found, and then charged with a felony based on the same facts. D
was convicted of the felony. D moved to set the verdict aside on the ground of prosecutorial
vindictiveness, claiming that the felony charge gave rise to an impermissible appearance of
retaliation. The District Court denied the motion. The Court of Appeals reversed, stating
that there was a presumption of vindictiveness unless the government (P) comes forward with
objective evidence. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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