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995 So. 2d 1008·
Fla. 1st DCA·
2008-10-24
·cited 2×
Valencia Byrd appealed her conviction and sentence following a guilty plea to armed burglary, attempted armed robbery, and second-degree murder. The court affirmed the trial court's judgment, rejecting Byrd's arguments that her Fifth Amendment rights were violated by the absence
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47 F.3d 1075·
11th Cir.·
1995-03-16
Brown was convicted of firearm possession by a felon and drug distribution, and challenged his sentence enhancement under 21 U.S.C. § 851 on the ground that his prior state convictions were based on informations rather than indictments. The Eleventh Circuit held that § 851(a)(2)'
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973 F.2d 272·
4th Cir.·
1992-08-17
The court held that an indictment must charge each essential element of the offense, and a statutory citation alone is insufficient to cure a failure to do so. The court reversed the conviction under 26 U.S.C.A. § 5861(e) because the indictment failed to allege all essential elem
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970 F.2d 1539·
6th Cir.·
1992-07-29
The majority opinion condoned trying a defendant on charges not made in the indictment, which is a violation of federal constitutional law.
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662 F.2d 567·
9th Cir.·
1981-11-23
The court held that the defendant's conviction for statutory rape did not violate due process because he had actual notice of the charge and the lesser offense was necessarily included within the greater offense charged.