FRIAS

v.

NELSON, WARDEN

Citator

Cited By

• Haines v. Kerner, 404 U.S. 519 (U.S. 1972)
• Blackledge v. Perry, 417 U.S. 21 (U.S. 1974)
  …as opposed to the six-month increase envisaged by the District Court’s consecutive sentence. The Court of Appeals further instructed the District Court to await the ruling of this Court in Rice v. North Carolina, 434 F. 2d 297 (CA4), cert. granted, 401 U. S. 1008. Rice involved a challenge to the constitutionality of an enhanced penalty received after a criminal defendant had sought a trial de novo under North Carolina’s two-tiered misdemeanor adjudication system. This Court did not reach the merits of this…
• North Carolina v. Rice, 404 U.S. 244 (U.S. 1971)
  …the case on habeas corpus” because injurious consequences from the conviction might still obtain. Ibid. The judgment was that Rice' was entitled to have the record of his conviction expunged. The State’s petition for writ of certiorari was granted. 401 U. S. 1008 (1971). The State claims that Pearce does not apply to a situation where the more severe sentence is imposed after a trial de novo in its Superior Court. We do not reach that question, however, since the threshold issue of moot [*246] ness was impr…