Sekou v. Blackburn’s Empirical Analysis
796 F.2d 108 · 1986
Citation profile
20 federal appellate · 20 state decisions
How this case has been cited
Cited by 46 later decisions — most recently August 2016 · most notably State v. DeLuca (1987), 697 So. 2d 1087 - Wilcher v. State (1997)
20 federal appellate · 20 state decisions — followed in 10 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
Relies on Brown v. Ohio · Zant v. Stephens · Illinois v. Vitale · Harris v. Oklahoma · United States v. Bowdach
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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[C]onsideration of other crimes at sentencing does not implicate the Double Jeopardy Clause because the defendant is not actually being punished for the crimes so considered. Rather, the other crimes aggravate his guilt of, and justify heavier punishment for, the specific crime for which defendant has just been convicted. See United States v. Bowdach, 561 F.2d 1160, 1175 (5th Cir.1977) (rejecting virtually identical double jeopardy argument).”
5 later decisions quote this exact passage · from the majority“the Double Jeopardy Clause does not bar successive prosecutions for felony-murder and an underlying felony (regardless of which prosecution is first), so long as the specific underlying felony which is the subject of the earlier (or later) prosecution does not form the sole basis for the felony-murder prosecution.”
1 later decision quote this exact passage · from the majority“The Double Jeopardy Clause prohibits prosecution and conviction for both felony-murder and the enumerated felony. . . . The underlying felony is considered a lesser-included offense of felony-murder and thus the 'same offense' for double jeopardy purposes.”
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.