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Double Jeopardy – Prosecutorial Misconduct: Vindictiveness – More Onerous Plea Offer After Defendant Obtains Relief

State v. Peter G. Tkacz, 2002 WI App 281, PFR filed 11/14/02
For Tkacz: Mark S. Rosen

Issue/Holding: Even assuming that the law of vindictive prosecution (presumption of vindictiveness attaches to less favorable prosecutorial action following successful appeal) applies to failure to re-offer same plea bargain following reversal of conviction, the facts would not support vindictiveness. The prosecutor offered a less favorable resolution because he had additional evidence and a stronger case, therefore no presumption of vindictiveness was established. ¶¶26-30. Nor, for similar reasons, was actual vindictiveness shown. ¶¶31-32.

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