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Penalize A Person's Reliance On His Legal Rights

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  • Legalbear
    To punish a person because he has done what the law plainly allows him to do is a due process violation of the most basic sort, see
    Message 1 of 1 , Mar 28, 2013
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      To punish a person because he has done what the law plainly allows him to do is a due process violation of the most basic sort, see North Carolina v. Pearce, supra, at 738 (opinion of Black, J.), and for an agent of the State to pursue a course of action whose objective is to penalize a person's reliance on his legal rights is "patently unconstitutional." Chaffin v. Stynchcombe, supra, at 32-33, n. 20. See United States v. Jackson, 390 U. S. 570. Bordenkircher v. Hayes, 434 US 357, 363 - Supreme Court 1978

       

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