Ehl v. Estelle’s Empirical Analysis
656 F.2d 166 · 1981
Citation profile
9 federal appellate · 7 state decisions
How this case has been cited
Cited by 28 later decisions — most recently February 2017 · most notably United States v. Chagra (1982), Commonwealth v. DeMarco (1982)
9 federal appellate · 7 state decisions
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
Relies on North Carolina v. Pearce · Brady v. United States · Bordenkircher v. Hayes · Blackledge v. Perry · 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he crucial inquiry ... is whether the accused was aware of and knew the price of rejecting the bargain ... the key to disarming an allegation of vindictiveness is the knowledge and awareness by the accused of the terms of the plea bargain and the price of rejecting the bargain with a plea of not guilty.”
3 later decisions quote this exact passage · from the majority““Once again, in following this Court’s recent pronouncement in Frank , we reject the applicability of Pearce when a plea bargaining situation is present, and look instead to Frank for instruction.* * The critical factor is ... the presence or absence of plea negotiations. Frank makes it clear that once there is a bargain — whether it be reduced charges, a recommended sentence, or some other concession — and it is rejected, ‘the defendant cannot complain that the denial of the rejected offer constitutes a punishment or is evidence of judicial vindictiveness. To accept such an argument is to ignore completely the underlying philosophy and purposes of the plea bargaining system.’ Frank, 646 F.2d at 883 .””
2 later decisions quote this exact passage · from the majority“Also persuasive is this Court's holding in Chapman v. Estelle, 593 F.2d 687 (5th Cir. 1979), where we stated that in those cases that involved belated rejections of a plea bargain, the prosecution's action in securing resentencing on a more serious charge does not appear even `minimally vindictive.' Chapman , 593 at 690 n. 5. And this is especially so where the accused, as in the present case, presents little reason for rejecting the plea bargain or a motion for new trial other than general dissatisfaction with the sentence. Id.; see note 1, supra.”
1 later decision quote this exact passage · from the majoritye.g. Palm v. State
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.