LOCATION: Tivoli Theater
DOCKET NO.: 72-1660
DECIDED BY: Burger Court (1972-1975)
LOWER COURT: United States Court of Appeals for the Fourth Circuit
CITATION: 417 US 21 (1974)
ARGUED: Feb 19, 1974
DECIDED: May 20, 1974
James E. Keenan - for respondent
Richard N. League - for petitioners
Facts of the case
Media for Blackledge v. PerryAudio Transcription for Oral Argument - February 19, 1974 in Blackledge v. Perry
Audio Transcription for Opinion Announcement - May 20, 1974 in Blackledge v. Perry
Warren E. Burger:
Mr. Justice Stewart has three opinions for the Court to announce.
Yes, I will announce these opinions in the order in which the case were docketed in this Court.
The first one then will be 72-1660, the case Stanley Blackledge, Warden against Jimmy Seth Perry.
This case is here on writ of certiorari to the United States Court of Appeals for the Fourth Circuit.
The respondent in this case was convicted in a North Carolina Court of Limited Jurisdiction upon a misdemeanor charge.
He exercised his right to appeal and secure an automatic new trial in a higher state court.
The state countered by bringing a felony charge against him in the higher court based upon the same conduct that had been the subject of the misdemeanor charge.
He pleaded guilty and was given a longer prison sentence than had originally been imposed for the misdemeanor conviction.
A Federal District Court granted habeas corpus that its judgment was affirmed by the Court of Appeals for the Fourth Circuit.
For the reasons set out in the written opinion filed today, we agree with the Court of Appeals that it was a violation of the Fourteenth Amendment for the state to up the ante after the respondent appealed his original misdemeanor conviction.
Accordingly we affirm the judgment before us.
Mr. Justice Rehnquist has filed a dissenting opinion and Mr. Justice Powell also dissents upon one of the grounds relied upon by Mr. Justice Rehnquist.