NORTH CAROLINA V. PEARCE
395 U.S. 711 (1969).
NATURE OF THE CASE: This was an appeal from a denial of a writ of habeas corpus.
FACTS: Pearce (D) was convicted of assault with intent to commit rape. The trial judge
sentenced him to prison for a term of 12 to 15 years. Several years later he got a reversal
of his conviction. D was retried, convicted, and sentenced by the trial judge to an
eight-year prison term, which, when added to the time D had already spent in prison amounted
to a longer total sentence than that originally imposed. These were affirmed on appeal. D
then began this habeas corpus proceeding. The District Court held that the longer sentence
imposed upon retrial was 'unconstitutional and void.' Upon the failure of the state court to
resentence D within 60 days, the federal court ordered his release. This order was affirmed
The Supreme Court granted certiorari.
Rice (D1) pleaded guilty to four separate charges of second-degree burglary. He was
sentenced to prison terms aggregating 10 years. The judgments were set aside in a state
coram nobis proceeding, upon the ground that D1 had not been accorded his constitutional
right to counsel. D1was retried upon three of the charges, convicted, and sentenced to
prison terms aggregating 25 years. No credit was given for the time he had spent in prison
on the original judgments which was over two and a half years. He then brought this habeas
corpus proceeding alleging that the state trial court had acted unconstitutionally in
failing to give him credit for the time he had already served in prison, and in imposing
grossly harsher sentences upon retrial. The judge found that D1 had been denied due process
of law, because '[u]nder the evidence in this case, the conclusion is inescapable that the
State of Alabama is punishing petitioner D1 for his having exercised his post-conviction
right of review and for having the original sentences declared unconstitutional.' The
judgment of the District Court was affirmed by the United States Court of Appeals for the
Fifth Circuit. The Supreme Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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