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Blackledge v. Perry
United States Supreme Court
417 U.S. 21 (1974)
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 subsequently filed a writ of habeas corpus in federal district court. He argued that his felony indictment was a penalty for exercising his right to a trial de novo and therefore violated the Due Process Clause of the Fourteenth Amendment. The district court granted the writ, and the court of appeals affirmed. The United States Supreme Court granted certiorari.
Rule of Law
Holding and Reasoning (Stewart, J.)
Dissent (Rehnquist, J.)
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