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Oregon Applies Total Sentence Approach to Assess Pearce Vindictiveness
The Oregon Court of Appeals held that the "total sentence approach" is the proper test for assessing whether an increased sentence after a successful appeal is presumptively vindictive.
In North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072 (1969), the Supreme Court held that due process prohibits vindictiveness ...
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