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Blackledge v. Perry

United States Supreme Court
417 U.S. 21 (1974)


Facts

Perry (defendant) 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.

Rule of Law

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Issue

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Holding and Reasoning (Stewart, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Dissent (Rehnquist, J.)

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