BLACKLEDGE V. PERRY
417 U.S. 21 (1974)
NATURE OF THE CASE: This was a dispute over a felony indictment based on a trial de novo.
FACTS: Perry (D) was a prisoner that became involved in a fight in prison and was charged
with misdemeanor assault with a deadly weapon. D was convicted and as per his right, he was
entitled to a trial de novo. D got a six-month sentence and filed a notice of appeal but
prior to appearing for his trial de novo, the prosecutor obtained an indictment from a grand
jury charging D with felony assault with a deadly weapon. D pled guilty and appealed the
5-7-year sentence.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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