US SUPREME COURT DECISIONS

The "prophylactic" due process limitations established by North Carolina v. Pearce, 395 U. S. 711, 395 U. S. 723-726, to guard against the possibility of vindictiveness in case where a judge imposes a more severe sentence upon defendant after a new trial, are not retroactively applicable to resentencing proceedings that, like the one involved in this case, occurred prior to the date of the Pearce decision. Pp. 412 U. S. 50-57.

386 Mich. 84, 191 N.W.2d 375, reversed and remanded.

POWELL, J., delivered the opinion of the Court, in which BURGER, C.J.,and BRENNAN, WHITE, BLACKMUN, and REHNQUIST, JJ., joined. DOUGLAS, J., filed a dissenting opinion, post, p. 412 U. S. 58. MARSHALL, J., filed a dissenting opinion, in Part III of which STEWART, J., joined, post, p. 412 U. S. 59.