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← 482 F.2d 1101 - David McChesney v. C. Murray Henderson, Warden, Louisiana State Penitentiary

David McChesney v. C. Murray Henderson, Warden, Louisiana State Penitentiary’s Empirical Analysis

482 F.2d 1101 · 1973

Citation profile

109
cited by 109 later decisions
21
states following
August 2015
most recently cited

41 federal appellate · 1 district · 45 state decisions

How this case has been cited

Cited by 109 later decisions — most recently August 2015 · most notably State v. Ballard (1981), 66 Ill. 2d 385 - In Re Beasley (1977)

41 federal appellate · 1 district · 45 state decisions — followed in 21 states

58019731980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Boykin v. Alabama · North Carolina v. Alford · Brady v. United States · McCarthy v. United States · Parker v. North Carolina

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 109 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “there is no requirement that there be express articulation and waiver of the 3 constitutional rights referred to in Boykin by the defendant at the time of acceptance of his guilty plea, if it appears from the record that the accused's plea was intelligent and voluntarily made, with knowledge of its consequences.”
    5 later decisions quote this exact passage · from the majority
  2. ““This Court is, however, aware of no precedent, from the Supreme Court or elsewhere, for the proposition that due process requires that a defendant be informed of each and every right which is waived by a guilty plea * * *. Carrying [appellant’s] argument to its logical conclusion the court, before accepting a guilty plea, would be required to inform a defendant of his right to a speedy and public trial, his right to an impartial jury, his right to compulsory process for obtaining witnesses, his right to be free from cruel and unusual punishment, his right to be free from unreasonable searches and seizures, his right to have excluded from the trial any evidence illegally seized, and many more. We do not * * * feel that due process requires this.” McChesney v. Henderson, 482 F.2d 1101, 1110 (5th Cir. 1973), cert. denied 414 U.S. 1146 , 94 S.Ct. 901 , 39 L.Ed.2d 102 (1974).”
    4 later decisions quote this exact passage · from the majority
  3. “[t]he new element added in Boykin was the requirement that the record must affirmatively disclose that a defendant who pleaded guilty entered his plea understandingly and voluntarily.”
    4 later decisions quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.