Legal Opinion
Ronald Kelly v. E. Calvin Neubert, Administrator, and W. Carey Edwards, the Attorney General of the State of New Jersey
Court of Appeals for the Third Circuit
Decided March 14, 1990No. 89-5793PublishedCited by 40 opinions
1Opinion of the Court
OPINION OF THE COURT
HUTCHINSON, Circuit Judge.
The issue in this case is whether North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969), precludes the sentence the state trial court imposed on the appellant, Ronald Kelly (Kelly), on remand after the state appellate court vacated his conviction on two counts and vacated his sentence on several other counts. Pearce creates a prophylactic rule requiring the trial court to show affirmatively on the record non-retaliatory reasons for increasing a sentence after a successful appeal of the original sentence. Here, the trial…
2Cases cited8 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- United States v. Juan Pimienta-Redondo, United States of America v. Alfredo PupoCourt of Appeals for the First Circuit · 1989
- United States v. Michael M. Busic, United States of America v. Anthony LaroccaCourt of Appeals for the Third Circuit · 1981
- United States v. Charles ShueCourt of Appeals for the Seventh Circuit · 1987
- Carter v. RaffertyCourt of Appeals for the Third Circuit · 1987
3 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- United States v. Gerald Vontsteen, A/K/A Skip VontsteenCourt of Appeals for the Fifth Circuit · 1992
- United States v. Barry Davis, A/K/A "Mark Johnson"Court of Appeals for the Third Circuit · 1997
- United States v. CampbellCourt of Appeals for the Fifth Circuit · 1997
- United States v. German VenturaCourt of Appeals for the Fourth Circuit · 2017
- State v. RaucciConnecticut Appellate Court · 1990
35 more not listed; retrieve them via the Exa API.