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Keywords

defendantappealtrialpleahabeas corpusfelonymisdemeanordue processprosecutor
appealtrialwillfelonymisdemeanordue processprosecutorrespondentgrand jury

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Blackledge v. Perry, 417 U.S. 21, 94 S.Ct. 2098, 40 L.Ed.2d 628

Facts

Perry, a North Carolina prison inmate, was convicted of misdemeanor assault with a deadly weapon and sentenced to six months in prison. After he appealed for a trial de novo in the Superior Court, the prosecutor indicted him for felony assault based on the same incident. Perry pleaded guilty to the felony charge and later sought a writ of habeas corpus, claiming that the felony indictment violated his due process rights.

After the filing of the notice of appeal, but prior to the respondent's appearance for trial de novo in the Superior Court, the prosecutor obtained an indictment from a grand jury, charging Perry with the felony of assault with a deadly weapon with intent to kill and inflict serious bodily injury.

Issue

Did the indictment on the felony charge after Perry's misdemeanor conviction and appeal violate his due process rights under the Fourteenth Amendment?

Did the indictment on the felony charge after Perry's misdemeanor conviction and appeal violate his due process rights under the Fourteenth Amendment?

Rule

A person convicted of a misdemeanor in North Carolina is entitled to pursue a trial de novo without fear of retaliation through a more serious charge, as this would contravene the Due Process Clause.

A person convicted of a misdemeanor in North Carolina is entitled to pursue his right under state law to a trial de novo without apprehension that the State will retaliate by substituting a more serious charge for the original one and thus subjecting him to a significantly increased potential period of incarceration.

Analysis

The Court found that the prosecution's action of indicting Perry for a felony after he had already been convicted of a misdemeanor constituted a violation of due process. The Court emphasized that the right to appeal should not expose a defendant to the risk of harsher penalties, as this could deter individuals from exercising their legal rights.

We conclude that the answer must be in the affirmative. A prosecutor clearly has a considerable stake in discouraging convicted misdemeanants from appealing and thus obtaining a trial de novo in the Superior Court.

Conclusion

The Supreme Court affirmed the decision of the lower courts, holding that the felony indictment against Perry was unconstitutional and that he was entitled to relief through habeas corpus.

Accordingly, the judgment of the Court of Appeals for the Fourth Circuit is affirmed.

Who won?

Perry prevailed in the case because the Supreme Court found that the state had violated his due process rights by retaliating against him for exercising his right to appeal.

Perry prevailed in the case because the Supreme Court found that the state had violated his due process rights by retaliating against him for exercising his right to appeal.

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