Frank v. Blackburn’s Empirical Analysis
646 F.2d 873 · 1980
Citation profile
34 federal appellate · 2 district · 33 state decisions
How this case has been cited
Cited by 122 later decisions — most recently February 2021 · most notably United States v. Gonzalez (1990), United States v. Chagra (1982)
34 federal appellate · 2 district · 33 state decisions — followed in 13 states
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. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Boykin v. Alabama · North Carolina v. Pearce · Brady v. United States · Santobello v. New York · McMann v. Richardson
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 122 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"It is equally clear that a defendant is free to accept or reject the "bargain" offered by the state. Once the bargain whether it be reduced charges, a recommended sentence, or some other concessionis rejected, however, the defendant cannot complain that the denial of the rejected offer constitutes a punishment or is evidence of judicial vindictiveness." Frank v. Blackburn, supra .”
9 later decisions quote this exact passage · from the dissent“the certainty of a lesser punishment or the possibility of a more severe punishment.”
5 later decisions quote this exact passage · from the majority“Because Eule 11 is not binding on the states, a federal court reviewing a state court plea bargain may only set aside a guilty plea or plea agreement which fails to satisfy due process. If a defendant understands the charges against him, understands the consequences of a guilty plea, and voluntarily chooses to plead guilty, without being coerced to do so, the guilty plea and any concomitant agreement will be upheld on federal review.”
4 later decisions quote this exact passage · from the dissente.g. Wolfe v. Puckett · Lamb v. Estelle
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.