Somerville v. Hunt, No. 11-1211 (2d Cir. 2012)Annotate this Case
The State appealed from the district court's grant of petitioner's petition for a writ of habeas corpus. After petitioner's initial sentence was vacated on the ground that it was illegal, the state court resentenced him to a term he contended was higher than his initial sentence and that, as a result, this higher sentence was presumptively vindictive under North Carolina v. Pearce. Because the court concluded that the Appellate Division's determination that the Pearce presumption did not apply to petitioner's resentence was not an unreasonable application of Supreme Court law, the court reversed.