LAVALLEE, CORRECTIONAL SUPERINTENDENT

v.

MILLER ET AL.

Citator

Cited By (12 total)

• United States v. Mallah, 503 F.2d 971 (2d Cir. 1974)
  …f due process and double jeopardy. Appellant’s first argument is that North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969), as extended by United States ex rel. Williams v. McMann, 436 F. 2d 103 (2d Cir. 1970), cert. denied, 402 U.S. 914, 91 S. Ct. 1396, 28 L.Ed.2d 656 (1971), bars his prosecution on counts two and six. In Pearce, the Court held that one who had won a reversal of a criminal conviction could be sentenced after retrial and conviction to a stiffer sentence than was met…
• United States v. Gerard, 491 F.2d 1300 (9th Cir. 1974)
  …in adding the count, since, at least in some circumstances, a prosecutor, too, may be guilty of vindictiveness. See Chaffin v. Stynchcombe, ante, 412 U.S. at 27 n. 13, 93 S.Ct. 1977; Williams v. McMann, 436 F. 2d 103, 105 (2d Cir. 1970), cert denied 402 U.S. 914, 91 S.Ct. 1396, 28 L.Ed.2d 656. The Court in Pearce (Rice) entered into no discussion of how the possibility of vindictiveness could be excluded in the case of resentencing after a withdrawn plea, finding it unnecessary since no attempt of any kind…
• United States ex rel. Manuel Gonzalez v. Zelker, 477 F.2d 797 (2d Cir. 1973)
  …to observe her demeanor and judge her veracity which is a major factor in appellate courts’ normal reluctance to interfere with trial court findings of fact. United States ex rel. Miller v. LaVallee, 436 F. 2d 875, 876 (2d Cir. 1970), cert. denied, 402 U.S. 914, 91 S.Ct. 1367, 28 L.Ed.2d 657 (1971): We have in mind that when the issue the trial judge must determine relates to the validity of a witness’s identification of a defendant we ought to accord great weight to the determination the judge makes, for…