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North Carolina v. Rice, 404 U.S. 244 (1971)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
North Carolina v. Rice, 404 U.S. 244 (1971)
North Carolina v. Rice No. 70-77 Argued October 12, 1971 Decided December 14, 1971 404 U.S. 244
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Syllabus
Respondent was convicted in a General County Court in North Carolina of driving while intoxicated and was sentenced to nine months’ imprisonment and payment of a fine. On appeal, he was tried de novo in the Superior Court, found guilty, and given a two-year sentence. The District Court denied habeas corpus, and respondent, who by then had been completely discharged from prison, appealed to the Court of Appeals. That court, relying on North Carolina v. Pearce, 395 U.S. 711, held that the case was not mooted by respondent’s discharge, and that respondent was entitled to have the record of his conviction expunged.
Held: North Carolina v. Pearce, supra, does not require that respondent’s conviction be invalidated, but only that he be resentenced if the higher sentence imposed after the de novo trial was vulnerable under Pearce. Since the present record deals with the mootness issue only from the standpoint of conviction vel non, and does not reveal whether, under state law, benefits accrue to respondent in having his sentence reduced after he has served it, the case is remanded for reconsideration of the mootness question.
434 F.2d 297, vacated and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," North Carolina v. Rice, 404 U.S. 244 (1971) in 404 U.S. 244 404 U.S. 245. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=1C8569AZHCJDB89.
MLA: U.S. Supreme Court. "Syllabus." North Carolina v. Rice, 404 U.S. 244 (1971), in 404 U.S. 244, page 404 U.S. 245. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=1C8569AZHCJDB89.
Harvard: U.S. Supreme Court, 'Syllabus' in North Carolina v. Rice, 404 U.S. 244 (1971). cited in 1971, 404 U.S. 244, pp.404 U.S. 245. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=1C8569AZHCJDB89.
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