United States Sixth Circuit

While petitioner may have presented sufficient evidence to show a presumption of prosecutorial vindictiveness, respondent successfully rebutted that presumption where the State turned the case over to a prosecutor pro tem with no stake in deterring petitioner's First Amendment rights.

Appellate Information

• Argued 12/06/2000
• Decided 04/23/2001
• Published 04/23/2001

Judges

• Before BOGGS and GILMAN, Circuit Judges;  BECKWITH, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• John E. Herbison (argued and briefed), Nashville, TN, for Petitioner-Appellant.


• For Appellees:
  
• Ellen H. Pollack, Asst. Atty. Gen. (argued and briefed), Criminal Justice Division, Nashville, TN, for Respondent-Appellee.