Blackledge v. Perry Case Brief

Facts of the Case

Defendant Perry was in prison when he got into a fight with another inmate. Perry was charged with the misdemeanor of assault with a deadly weapon. He was convicted in the district court. Under North Carolina law, a defendant convicted in the district court has a right to a trial de novo in the superior court. Perry therefore filed notice of appeal to the superior court. However, the prosecutor then obtained an indictment charging Perry with felony assault with a deadly weapon with intent to kill or cause serious injury. Perry entered a plea of guilty. Perry argued that his felony indictment was a penalty for exercising his right to a trial de novo and violated the Due Process Clause of the Fourteenth Amendment.





Case Information

Citation: 417 US 21 (1974)
Argued: Feb 19, 1974
Decided: May 20, 1974
Case Brief: 1974