Jimmy Frank v. Frank Blackburn, Warden, Louisiana State Penitentiary

Fifth Circuit

Jimmy Frank v. Frank Blackburn, Warden, Louisiana State Penitentiary

646 F.2d 902

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 26, 1981

Docket78-3452

StatusPublished

Cited by51 cases

This text of 646 F.2d 902 (Jimmy Frank v. Frank Blackburn, Warden, Louisiana State Penitentiary) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Jimmy Frank v. Frank Blackburn, Warden, Louisiana State Penitentiary, 646 F.2d 902 (5th Cir. 1981).

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PER CURIAM:

IT IS ORDERED that the petition for rehearing filed in the above entitled and numbered cause be and the same is hereby granted in part. We delete the sentence that appears on page 1323 of the slip opinion and reads as follows:

“Even if the trial provided no additional evidence of character, the mere fact that Jimmy Frank refused to acknowledge his guilt and showed no willingness to assume responsibility for his conduct may have led the judge to conclude that this defendant lacked potential for rehabilitation thus justifying the imposition of a greater sentence than that offered in exchange for a guilty plea.”

In all other respects the petition is DENIED.

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PER CURIAM:

IT IS ORDERED that the petition for rehearing filed in the above entitled and numbered cause be and the same is hereby granted in part. We delete the sentence that appears on page 1323 of the slip opinion and reads as follows:

“Even if the trial provided no additional evidence of character, the mere fact that Jimmy Frank refused to acknowledge his guilt and showed no willingness to assume responsibility for his conduct may have led the judge to conclude that this defendant lacked potential for rehabilitation thus justifying the imposition of a greater sentence than that offered in exchange for a guilty plea.”

In all other respects the petition is DENIED.

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646 F.2d 902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jimmy-frank-v-frank-blackburn-warden-louisiana-state-penitentiary-ca5-1981.

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