Dvorin And Prosecutorial Vindictiveness: A Hard Row To Hoe

Law360, New York (May 19, 2016, 11:23 AM EDT) -- It's every convicted defendant's fear: Appeal the conviction or sentence. Persuade the appellate court to vacate the conviction or sentence. On remand, end up worse off because the government brings additional charges or seeks a higher sentence. Defense lawyers carry the fear of such eventualities with them as they contemplate grounds for appeal and as they prepare to battle anew after remand.

The circumstances of Jason Dvorin's travels through the criminal justice system are enlightening in this regard. He was prosecuted and convicted, and appealed, alleging prosecutorial misconduct. The appeal was successful, and his case was remanded for a new trial....

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