TEXAS v. McCULLOUGH

No. 84-1198.

475 U.S. 134 (1986)

TEXAS v. McCULLOUGH

Supreme Court of United States.

Decided February 26, 1986


Attorney(s) appearing for the Case

Randall L. Sherrod argued the cause for petitioner. With him on the brief was Deane C. Watson.

Jeff Blackburn argued the cause pro hac vice for respondent. With him on the brief were Michael B. Charlton and John Mann.*


CHIEF JUSTICE BURGER delivered the opinion of the Court.

We granted certiorari to decide whether the Due Process Clause of the Fourteenth Amendment was violated when the defendant in a state court received a greater sentence on retrial where the earlier sentence was imposed by the jury, the trial judge granted the defendant's motion for a new trial, the defendant requested that in the second trial the judge fix the sentence, and the judge entered findings of fact...

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