Febuary v. State of Oregon

The prophylactic rule of State v. Partain, 349 Or 10, 239 P3d 232 (2010), protects against vindictiveness in the resentencing of a criminal offender after a successful appeal. Partain, in turn, was based on North Carolina v. Pearce, 395 US 711, 89 S Ct 2072, 23 L Ed 2d 656 (1969), where the United States Supreme Court held that due process “requires that vindictiveness against a defendant for having successfully attacked [a] first conviction must play no part in the sentence [the defendant] receives after a new trial.” Id. at 725. In this case, the specific issue is how Partain and Pearce…