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LANE v. LORD

No. 479, Docket 86-2258.

815 F.2d 876 (1987)

Bernice LANE, Petitioner-Appellant, v. Elaine LORD, Superintendent of Bedford Hills Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 8, 1987.

Attorney(s) appearing for the Case

David Steinberg, Poughkeepsie, N.Y. (Steiman & Steinberg, Poughkeepsie, N.Y., on the brief), for petitioner-appellant.

Vida M. Alvy, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., O. Peter Sherwood, Sol. Gen., Gerald J. Ryan, Harvey M. Berman, Judith A. Gordon, Asst. Attys. Gen., New York City, on the brief), for respondent-appellee.

Before FEINBERG, Chief Judge, NEWMAN and MINER, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

The narrow issue on this appeal is whether a presumption of vindictiveness arises from a prosecutor's decision after a mistrial to lodge a superseding indictment that adds a criminal charge but does not expose the defendant to any higher maximum criminal penalty. Bernice Lane appeals from a judgment of the District Court for the Southern District of New York (John F. Keenan, Judge) denying her petition for a writ of habeas corpus. Because...

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