TEXAS

v.

MCCULLOUGH

Citator

Cited By (11 total)

• Whitley v. Albers, 475 U.S. 312 (U.S. 1986)
  …ment claim, while agreeing with the District Judge that respondent could not prevail on his state law claims, id., at 1377, and that he had not asserted an independent violation of the Fourteenth Amendment. Id., at 1374, n. 1. We granted certiorari, 472 U. S. 1007 (1985), and now reverse. 1 — 1 I — l The language of the Eighth Amendment, [ejxcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted,” manifests “an intention to limit the power of those entru…
• Chicago Teachers Union, Local NO. 1, AFT, AFL-CIO v. Hudson, 475 U.S. 292 (U.S. 1986)
• Texas v. McCULLOUGH, 475 U.S. 134 (U.S. 1986)
  …resentencing. On petitioner’s motion for rehearing, the court concluded that under Pearce vindictiveness must be presumed even though a jury had fixed punishment at the first trial and a judge had fixed it at the second trial. We granted certiorari. 472 U. S. 1007 (1985). We reverse. H h-1 In North Carolina v. Pearce, supra, the Court placed a limitation on the power of a sentencing authority to increase a sentence after reconviction following a new trial. It held that the Due Process Clause of the Fourtee…