North Carolina v. Pearce/Concurrence White
United States Supreme Court
State of NORTH CAROLINA et al., Petitioners, v. Clifton A. PEARCE. Curtis M. SIMPSON, Warden, Petitioner,
Argued: Feb. 24, 1969. ---
Mr. Justice WHITE, concurring in part.
I join the Court's opinion except that in my view Part II-C should authorize an increased sentence on retrial based on any objective, identifiable factual data not known to the trial judge at the time of the original sentencing proceeding.
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).