Bowser v. StateAnnotate this Case
The Supreme Court affirmed the judgment of conviction resulting in Defendant receiving a longer sentence after successfully appealing his first conviction, holding that the presumption of vindictiveness does not apply when a different judge imposes a more severe sentence.
On appeal from his first conviction Defendant received a new trial and sentencing hearing before a new district court judge. Following the second trial the judge imposed a longer sentence on some counts than the original judge had. Defendant appealed, arguing that the more severe sentence violated his due process rights. The Supreme Court affirmed, holding that because a different judge presided over Defendant's second trial and at sentencing, due process did not require a presumption of vindictiveness.