De Novo Case Summary

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Facts: Defendant (Perry), a North Carolina prison inmate, was involved in an embroilment with another detainee. Perry was charged within the State District Court, formally arraigned with the misdemeanor of assault with a deadly weapon. The respondent’s appeal was pending in the Superior Court, where he was given the right to a trial de novo. A trial de novo is “a form of appeal in which the appeals court holds a trial as if no prior trial had been held. A trial de novo is common on appeals from small claims court judgments (Trial De Novo)”. The prosecutor of the trial was able to obtain an indictment that covered the same conduct for the felony offense of assault with a deadly weapon, including intent to kill, as well as inflict serious bodily injury. In response to this, Perry pleaded guilty. From there on, the defendant applied for a writ of habeas…show more content…
Rule of Law: The Due Process of the Fourteenth Amendment is violated when an increased punishment after appeal has a real likelihood of being the result of vindictiveness. Conclusion/Rationale: Perry invoked his right to a trial de novo after being convicted of a misdemeanor; however, the prosecutor then charged him with an equivalent felony. Thus, the potential for vindictiveness makes the more severe charges a violation of the defendant’s due process liberties. A prosecutor is not keen of a convicted misdemeanant attempting to appeal his or her conviction, for such a trial de novo review would be quite costly and time consuming. Thereafter, if the prosecution has the ability to discourage appeals, only the most educated would pursue his or her right. There was never an issue of a prosecutor acting in a malicious manner. In cases such as North Carolina v. Pearce, the holding included that the defendant feared retaliatory motivations that would violate due process liberties. Therefore, it was dubbed unconstitutional for the prosecutor to bring forth more severe charges against Perry before his trial
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