Legal Opinion
Melvin J. Blackmon v. Louie L. Wainwright, Secretary, Department of Offender Rehabilitation
Court of Appeals for the Fifth Circuit
Decided December 12, 1979No. 78-2570PublishedCited by 36 opinions
1Per curiam
Melvin Blackmon appeals the district court’s denial of his petition for a writ of habeas corpus. He contends that he was penalized for exercising his Sixth Amendment right to a jury trial by the imposition of a 101 year sentence after he turned down what he views as a proffered plea bargain of 50 years made by the state trial judge prior to trial. Of course a defendant “cannot be punished by a more severe sentence because he unsuccessfully exercised his constitutional right to stand trial rather than plead guilty,” Baker v. United States, 5 Cir. 1969, 412 F.2d 1069, 1073, cert. denied, 1970,…
2Cases cited7 opinions
- Vincent E. Scott v. United StatesCourt of Appeals for the D.C. Circuit · 1969
- Loy Lavator Baker v. United StatesCourt of Appeals for the Fifth Circuit · 1969
- Nathaniel Brown v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1967
- United States v. Errol B. ResnickCourt of Appeals for the Fifth Circuit · 1973
- United States v. Jimmy Edward UnderwoodCourt of Appeals for the Fifth Circuit · 1979
2 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Jimmy Frank v. Frank Blackburn, Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1980
- United States v. James Edwards AdamsCourt of Appeals for the Fifth Circuit · 1981
- United States v. BierdCourt of Appeals for the First Circuit · 2000
- German v. United StatesDistrict of Columbia Court of Appeals · 1987
- James Ernest Hitchcock v. Louie L. WainwrightCourt of Appeals for the Eleventh Circuit · 1985
31 more not listed; retrieve them via the Exa API.