Plumley v. Austin

The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is denied.

Forty-six years ago, this Court created a presumption of judicial vindictiveness that applies when a judge imposes a more severe sentence upon a defendant after a new trial. North Carolina v. Pearce, 395 U.S. 711 , 725-726, 89 S.Ct. 2072 , 23 L.Ed.2d 656 (1969). That presumption was-and remains-an anomaly in our law, which ordinarily " 'presum[es] ... honesty and integrity in those serving as adjudicators.' " Caperton v. A.T. Massey Coal Co., 556 U.S. 868 , 891, 129…