State v. David Willard Phipps, Jr.

OPINION

DROWOTA, Justice.

In this appeal, we must determine whether the State’s decision to pursue the death penalty, following the defendant’s successful appeal of his conviction for which the death penalty originally was not sought, gives rise to a rebuttable presumption of prosecutorial vindictiveness. After carefully considering the relevant legal principles, we conclude that the rebuttable presumption of vindictiveness applies in this case. Because the State had no opportunity, during the hearing on the motion to strike, to introduce proof to overcome the presumption, we reverse the…