Gauntlett v. Kelley’s Empirical Analysis
849 F.2d 213 · 1988
Citation profile
12 federal appellate · 6 state decisions
How this case has been cited
Cited by 28 later decisions — most recently October 2017 · most notably State v. Percy (1990), United States v. Jackson (1990)
12 federal appellate · 6 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 · Donnelly v. DeChristoforo · United States v. DiFrancesco · United States v. Goodwin · Scharffe v. Perkins
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.
“to resentencing following a successful appeal of a sentence.”
2 later decisions quote this exact passage · from the majority“The Pearce presumption of vindictiveness does not apply where the second sentencer “has no motivation to engage in self-vindication,” ... and where the possibility of vindictiveness is highly speculative.... Further, when the sentences are imposed by different sentencers, the presumption does not apply because there has been no real “increase” in the sentence.”
1 later decision quote this exact passage · from the majoritye.g. Goodell v. Williams“Gauntlett was on notice that his appeal could lead to a more severe sentence, a factor to be considered in assessing the reasonableness of an expectation of finality.”
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.