Michigan v. Payne

Supreme Court of the United States

412 U.S. 47

Michigan  v.  Payne

Certiorari to the Supreme Court of Michigan

No. 71-1005.  Argued: February 22, 1973 --- Decided: May 21, 1973

The "prophylactic" due process limitations established by North Carolina v. Pearce, 395 U.S. 711, 723-726, to guard against the possibility of vindictiveness in cases where a judge imposes a more severe sentence upon a defendant after a new trial, are not retroactively applicable to resentencing proceedings that, like the one involved in this case, occurred prior to the date of the Pearce decision. Pp. 50-57.

386 Mich. 84, 191 N.W.2d 375, reversed and remanded.


POWELL, J., delivered the opinion of the Court, in which BURGER, C.J., and BRENNAN, WHITE, BLACKMUN, and REHNQUIST, JJ., joined. DOUGLAS, J., filed a dissenting opinion, post, p. 58. MARSHALL, J., filed a dissenting opinion, in Part III of which STEWART, J., joined, post, p. 59.


John A. Smietanka, argued the cause for petitioner. With him on the briefs were Frank J. Kelley, Attorney General of Michigan, Robert A. Derengoski, Solicitor General, and Ronald J. Taylor.

James R. Neuhard argued the cause for respondent. With him on the brief was Arthur J. Tarnow.

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