Defective Indictment

36 Florida cases classified under this topic · sorted by citation count · browse and sort

• Amos C. Teston and Mattie Bridges v. State
  66 Fla. 244· Fla.· 1913-11-04 ·cited 110×
  The Florida Supreme Court reversed the convictions of Amos C. Teston and Mattie Bridges for unlawful cohabitation, holding that the information filed against them was fatally defective for failing to allege essential elements of the offense with sufficient certainty.
• Sullivan v. State
  372 So. 2d 938· Fla.· 1979-06-22 ·cited 44×
  Robert Sullivan, convicted of capital murder and sentenced to death in 1973, sought collateral relief under Florida Rule of Criminal Procedure 3.850. The Florida Supreme Court affirmed the trial court's denial of his motion, finding that eleven of twelve issues raised were barred
• United States v. Domenic Nicholas DiSILVIO
  520 F.2d 247· 3d Cir.· 1975-07-17 ·cited 43×
  The double jeopardy clause does not bar the federal government from prosecuting a defendant on a second indictment when the first indictment was dismissed on the defendant's motion after jeopardy attached due to a defective indictment, absent prosecutorial or judicial overreachin
• Henderson v. Cardwell
  426 F.2d 150· 6th Cir.· 1970-05-18 ·cited 24×
  The court held that a prisoner's claim of being denied an appeal due to lack of knowledge of his right and counsel's failure to advise him is cognizable in habeas corpus, and remanded for an evidentiary hearing.
• United States v. Bent
  175 F.2d 397· 8th Cir.· 1949-06-20 ·cited 22×
  The court held that a defective indictment count, which did not prejudice the defendants and was understood by all parties, was sufficient to support the sentences imposed.
• United States v. E.W. Freeman
  813 F.2d 303· 10th Cir.· 1987-03-05 ·cited 16×
  The court held that the defendant's motion for arrest of judgment was untimely and that the indictment and jury instructions were not fatally defective or unconstitutionally vague.
• United States v. Wood
  958 F.2d 963· 10th Cir.· 1992-02-26 ·cited 14×
  The court held that the district court did not abuse its discretion in granting a new trial due to jury exposure to extraneous materials, and that double jeopardy does not bar retrial on either count.
• United States v. Robertson
  698 F.2d 703· 5th Cir.· 1983-02-07 ·cited 14×
  The court held that a not guilty plea with a stipulation of facts is functionally similar to a conditional guilty plea for appeal purposes, but Sepe's prohibition should not be extended to this situation.
• United States v. Glasser
  773 F.2d 1553· 11th Cir.· 1985-10-18 ·cited 12×
  The court held that delays from intra-district case transfers are excludable under the Speedy Trial Act, and that evidentiary errors were harmless.
• Conley v. COX
  138 F.2d 786· 8th Cir.· 1943-12-13 ·cited 11×
  A habeas corpus petition alleging coercion by a federal officer into pleading guilty raises an issue requiring a hearing, even if the story seems fantastic.
• United States v. Thurston
  362 F.3d 1319· 11th Cir.· 2004-03-19 ·cited 10×
  A defendant charged with violating 18 U.S.C. § 1115 for causing a crew member's death pleaded guilty to simple negligence, but the district court vacated the plea upon determining the statute required gross negligence and dismissed the defective indictment. The Eleventh Circuit h
• Crosby v. Chapman
  114 Fla. 19· Fla.· 1934-02-19 ·cited 9×
  The petitioner sought release from prison via habeas corpus, arguing the informations used for his conviction were defective. The court denied his petition, holding that the alleged defect was not grounds for habeas corpus relief as it did not render the charged offense a nullity
• United States ex rel. John Clauser v. McCEVERS
  731 F.2d 423· 7th Cir.· 1984-04-06 ·cited 8×
  The court held that the trial court's termination of the first trial due to a defective indictment based on false testimony was occasioned by manifest necessity, and therefore, the subsequent reindictment and conviction did not violate the Double Jeopardy Clause.
• United States v. Bates
  468 F.2d 1252· 5th Cir.· 1972-11-08 ·cited 8×
  The court held that the trial judge's public order for a witness's arrest for perjury, in the presence of the jury, deprived the defendant of a fair trial by improperly influencing the jury's assessment of witness credibility. Additionally, the indictment for one count was defect
• United States v. Kelly
  687 F.2d 1217· 8th Cir.· 1982-09-02 ·cited 6×
  The court held that the district court's failure to rule on the affidavit of prejudice was harmless error, and affirmed the denial of the motion to vacate sentence.
• United States v. Stumpf
  827 F.2d 1027· 5th Cir.· 1987-09-09 ·cited 4×
  The court held that defective counts in an indictment do not invalidate valid counts, and that a defendant claiming ineffective assistance of counsel based on a guilty plea must show both deficient representation and prejudice, which the defendant failed to do.
• Allen v. O.L. McCOTTER
  804 F.2d 1362· 5th Cir.· 1986-12-02 ·cited 4×
  A federal bench trial judge, like a state court judge in a bench trial, need not conduct a separate Jackson v. Denno hearing on confession voluntariness if the judge hears the evidence and resolves conflicts.
• United States v. Hershel Hiram McKNIGHT
  693 F.2d 476· 5th Cir.· 1982-12-13 ·cited 4×
  The court held that a pro se motion for post-conviction relief under 28 U.S.C. § 2255 was properly dismissed because the claims were frivolous, raised for the first time on appeal, or barred by prior litigation without demonstrating cause and prejudice.
• Gonzalez v. State
  432 So. 2d 171· Fla. 3d DCA· 1983-05-17 ·cited 3×
• United States v. Ernst
  465 F.2d 1403· 5th Cir.· 1972-10-03 ·cited 3×
• Brantley v. McKASKLE
  722 F.2d 187· 5th Cir.· 1984-01-03 ·cited 2×
  The federal court must defer to state court findings of fact unless clearly erroneous, but may independently review conclusions of law regarding confession voluntariness.
• Campbell v. United States
  538 F.2d 692· 5th Cir.· 1976-09-13 ·cited 2×
  The court held that the petitioner's claims regarding his 1967 and 1972 convictions lacked merit, and the district court correctly denied relief.
• Wiggins v. State
  23 Fla. 180· Fla.· 1887-01-01 ·cited 2×
  Henry Wiggins was convicted of murder and sentenced to death, but the Florida Supreme Court reversed and granted a new trial because the indictment failed to charge premeditation and the verdict did not specify the degree of murder, both required under Florida law for a capital s
• Joseph v. State
  976 So. 2d 94· Fla. 3d DCA· 2008-02-27 ·cited 1×
  Gregory Joseph appeals the denial of his second successive motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, challenging his guilty plea to second-degree murder and aggravated child abuse. The appellate court affirmed the trial court's denial on pro
• Plaintiff
  Del. Super. Ct.· 2024-08-01
  The Court recommended that all of the defendant's pending motions be summarily dismissed. The Court found that the defendant's motions were procedurally barred under Rule 61 because he failed to meet the pleading requirements for exceptions to the procedural bars. Specifically, t
• Pyatt v. United States
  S.D. Fla.· 2024-06-03
  The court held that a petition for writ of habeas corpus under 28 U.S.C. § 2241 is not the proper avenue for a pre-trial challenge to a federal criminal prosecution when the petitioner can raise those issues within the ongoing criminal proceedings.
• Richardson v. United States
  M.D. Fla.· 2021-02-24
  The court held that the petitioner's claims of ineffective assistance of counsel, defective indictment, and involuntary guilty plea were either procedurally barred, refuted by the record, or lacked merit. Therefore, his motion to vacate sentence was denied.
• Williams v. State
  469 So. 2d 228· Fla. 2d DCA· 1985-05-24
  The court held that certain allegations of ineffective assistance of counsel, if true, may entitle the appellant to relief.
• Brown v. United States
  454 F.2d 1169· 5th Cir.· 1971-12-08
  The judgment appealed from is affirmed.
• Licavoli v. Maxwell
  438 F.2d 1182· 6th Cir.· 1971-03-05
  The court held that the District Court properly denied the petition for a writ of habeas corpus.
• Hayes v. Peyton
  364 F.2d 303· 4th Cir.· 1966-07-21
  A defective indictment for murder, which sufficiently informed the accused of the nature of the charge and did not mislead him, is not grounds for federal habeas corpus relief.
• Dorsey v. United States
  358 F.2d 142· 7th Cir.· 1966-03-16
• United States v. McCLURE
  356 F.2d 939· 6th Cir.· 1966-02-21
  The court held that a defendant pleading guilty to a defective indictment, which was then voluntarily dismissed by the prosecution, does not establish double jeopardy for a subsequent indictment.