Goodell v. Williams, No. 09-4338 (6th Cir. 2011)
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Defendant, hired by a landlord to collect overdue rent, was convicted of rape, aggravated burglary, and felonious assault, stemming from incidents involving forcible entry into apartments. Without a pre-sentence report, the trial court imposed a sentence of nine years. On remand, after obtaining a report, the court imposed a sentence of 16 years. Another remand resulted in a 13-year sentence. After exhausting state appeals, defendant filed a successful federal petition for habeas corpus. The district court held that the process by which defendant was resentenced, resulting in a sentence longer than the original sentence, created a presumption of vindictiveness that was not rebutted. The Sixth Circuit reversed. The Ohio Court of Appeals' determination that the presumption of vindictiveness does not apply in this case is consonant with federal law; the harsher sentence was imposed by a new judge, who thoroughly explained his reasoning. There was no evidence of actual vindictiveness.
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