Supreme Court of the United States

Marvin Plumley v. Timothy Jared Austin.

January 20, 2015135 S. Ct. 828

Summary

Justice Thomas dissents from the denial of certiorari, arguing that the Court should have granted review to resolve a circuit conflict regarding the scope of the presumption of judicial vindictiveness. He contends that the Fourth Circuit erred in applying the presumption when the trial judge increased a sentence following a defendant's motion to correct, absent reversal by a higher tribunal.