Bernice Lane v. Elaine Lord, Superintendent of Bedford Hills Correctional Facility

JON O. NEWMAN, Circuit Judge:

The narrow issue on this appeal is whether a presumption of vindictiveness arises from a prosecutor’s decision after a mistrial to lodge a superseding indictment that adds a criminal charge but does not expose the defendant to any higher maximum criminal penalty. Bernice Lane appeals from a judgment of the District Court for the Southern District of New York (John F. Keenan, Judge) denying her petition for a writ of habeas corpus. Because we conclude that the circumstances of this case do not “pose a realistic likelihood of ‘vindictiveness,’ ” Blackledge v. Perry,…