KIBERT

v.

BLANKENSHIP, CORRECTIONAL SUPERINTENDENT

Citator

Cited By (23 total)

• Frazier v. State, 467 So. 2d 447 (Fla. 3d DCA 1985)
  …conclusion as. to his punishment which the court has the consequent ability to render. See United States v. Lippert, 740 F. 2d 457 (6th Cir.1984); Frank v. Blackburn, 646 F. 2d at 885; Martin v. Blackburn, 606 F. 2d 92 (5th Cir.1979), cert. denied, 446 U.S. 911, 100 S.Ct. 1841, 64 L.Ed.2d 265 (1980); United States v. Cunningham, 529 F. 2d 884, 888 (6th Cir.1976). Indeed, were the rule otherwise, and as defense counsel in this case explicitly recognized, all plea negotiations would necessarily be futile,…
• Mitchell v. State, 521 So. 2d 185 (Fla. 4th DCA 1988)
  …r conclusion as to his punishment which the court has the consequent ability to render. See United States v. Lippert, 740 F. 2d 457 (6th Cir.1984); Frank v. Blackburn, 646 F. 2d at 885; Martin v. Blackburn, 606 F. 2d 92 (5th Cir.1979), cert. denied, 446 U.S. 911, 100 S.Ct. 1841, 64 L.Ed.2d 265 (1980); United States v. Cunningham, 529 F. 2d 884, 888 (6th Cir.1976). Indeed, were the rule otherwise, and as defense [*188] counsel in this case explicitly recognized, all plea negotiations would necessarily be fut…
• Frank v. Blackburn, 646 F.2d 873 (5th Cir. 1980)
  …court in exchange for a plea of guilty. Id. at 915. We find the rule of North Carolina v. Pearce to be completely inapplicable to post-plea bargain sentencing proceedings. Accord, Martin v. Blackburn, 606 F. 2d 92, 93 (5th Cir. 1979), cert. denied, 446 U.S. 911, 100 S.Ct. 1841, 64 L.Ed.2d 265 (1980) (“it is highly questionable whether Pearce applies to plea bargaining situations”). As the panel pointed out, Pearce held that a defendant must not be penalized for asserting his right to a new trial by the imp…

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