Flowers v. Blackburn’s Empirical Analysis
779 F.2d 1115 · 1986
Citation profile
7 federal appellate · 16 state decisions
How this case has been cited
Cited by 28 later decisions — most recently April 2016 · most notably 750 So. 2d 916 - State v. Thibodeaux (1999), 768 So. 2d 542 - State v. Hoffman (2000)
7 federal appellate · 16 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
Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on In the Matter of Samuel Winship · Wainwright v. Sykes · Sandstrom v. Montana · Mullaney v. Wilbur · Cupp v. Naughten
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.
“[a]ll persons concerned in the commission of a crime, whether present or absent, and whether they directly commit the act constituting the offense, aid and abet in its commission, or directly or indirectly counsel or procure another to commit the crime, are principals.”
2 later decisions quote this exact passage · from the majority“all persons knowing the unlawful intent of the person committing the crime ... are principals and are equal offenders and are subject to the same punishment,”
2 later decisions quote this exact passage · from the majority“"First, the court must determine whether based on the specific language of the instruction the challenged instruction creates a constitutionally objectionable `mandatory presumption,' or `merely a permissive inference,' on an essential element of the crime. [ Francis v. ] Franklin [ 471 U.S. 307 ] 105 S.Ct. [1965] at 1971 [ 85 L.Ed.2d 344 (1985)] (citing Sandstrom [ v. State of Montana ] 442 U.S. [510] at 514, 520-524, 99 S.Ct. [2450] at 2454, 2457-59 [ 61 L.Ed.2d 39 (1979) ]; Ulster County Court v. Allen, 442 U.S. 140, 157-63 , 99 S.Ct. 2213, 2224-27 , 60 L.Ed.2d 777 (1979)). Second, `[i]f a specific portion of the jury charge, considered in isolation, could reasonably have been understood as creating a presumption..., then the potential offending words must be considered in the context of the charge as a whole.' Franklin, 105 S.Ct. at 1971 (citing Cupp v. Naughten, 414 U.S. 141, 147 , 94 S.Ct. 396, 400 , 38 L.Ed.2d 368 (1973))." 779 F.2d at 1120 .”
1 later decision 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.