State v. Parmelee

A defendant’s due process rights are violated if judicial vindictiveness plays a role in resentenc-ing after a successful appeal. To protect against vindictiveness, the United States Supreme Court, in North Carolina v. Pearce, 395 U.S. 711, 89 S. Ct. 2072, 23 L. Ed. 2d 656 (1969), held that a rebuttable presumption of vindictiveness arises when a court imposes a more severe sentence after a successful appeal. Subsequent Supreme Court cases, however, have limited the scope of the presumption. We hold that the presumption of vindictiveness did not arise in this case because (1) a different…