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North Carolina v. Pearce/Concurrence White

Court Documents
Case Syllabus
Opinion of the Court
Concurring Opinions
Black
Harlan
White

United States Supreme Court

395 U.S. 711

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.

NotesEdit

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).