Indictment Validity

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

• United States v. Massuet
  851 F.2d 111· 4th Cir.· 1988-06-30 ·cited 6×
  The court held that while admitting testimony about the defendants' post-Miranda silence was error, it was harmless. The court also held that defendants could be resentenced under 21 U.S.C. § 841(a)(1) despite being indicted under § 959(b)(2).
• United States v. James
  493 F.2d 323· 2d Cir.· 1974-03-18 ·cited 6×
  An indictment, valid on its face, is not rendered invalid by the presentation of evidence obtained in violation of a defendant's Fifth or Sixth Amendment rights to the Grand Jury, provided there is sufficient independent legal evidence to support the indictment.
• Morales-Guarjardo v. United States
  440 F.2d 775· 5th Cir.· 1971-04-02 ·cited 6×
  The court held that the district court did not err in denying the federal prisoner's motion to vacate his judgment and sentence.
• Gunville v. United States
  386 F.2d 184· 8th Cir.· 1967-12-04 ·cited 6×
  The court held that the defendant's guilty plea waived any defects in the indictment and that the dismissal of one count did not invalidate the indictment.
• United States v. Chambers
  922 F.2d 228· 5th Cir.· 1991-01-14 ·cited 4×
  A state indictment, even if later dismissed for procedural defects under state law, can serve as a predicate for federal firearms offenses if it was valid at the time of the firearm acquisition.
• United States v. Bolton
  893 F.2d 894· 7th Cir.· 1990-01-18 ·cited 4×
  The court held that an indictment returned by a grand jury whose term was not properly extended is a nullity, and the court lacks jurisdiction to try the defendant.
• State v. Tucker
  301 So. 2d 501· Fla. 2d DCA· 1974-09-30 ·cited 4×
• The State OF Tex. v. Reimer
  678 F.2d 1232· 5th Cir.· 1982-06-14 ·cited 2×
  The court held that it lacked jurisdiction to hear the appeal because the petitioner's claim did not involve a federal statute providing for racial equality, a prerequisite for appellate review of remand orders under 28 U.S.C. § 1447(d).
• Bing v. State
  Fla. 1st DCA· 2021-07-06
  The appellate court affirmed a defendant's convictions for murder and related charges. The court addressed the defendant's claim that the trial court erred in denying his motion to compel the production of grand jury transcripts, finding no abuse of discretion.
• Worley v. State
  199 So. 3d 308· Fla. 3d DCA· 2016-07-13
• Webster v. Decker
  900 So. 2d 645· Fla. 1st DCA· 2005-03-24
• United States v. Wilson
  884 F.2d 174· 5th Cir.· 1989-09-07
  The court held that there was sufficient evidence to establish that the defendant carried a firearm 'in relation to' a drug trafficking offense and that the indictment fairly imported the essential elements of the charged offense.
• United States v. Herndon
  693 F.2d 57· 8th Cir.· 1982-11-22
  The court held that the indictment was valid and the jury instructions, when considered as a whole, adequately protected the defendant's rights.
• Torrence v. Looney
  233 F.2d 715· 10th Cir.· 1956-05-05
  The court held that the appellant received a full and complete hearing and that his appeal lacked substance.
• State v. Coleman
  148 Fla. 381· Fla.· 1941-10-31
  Charles I. Sands petitioned for habeas corpus, challenging his detention under an embezzlement indictment on grounds that the grand jury relied on records unlawfully obtained through subpoena duces tecum. The Florida Supreme Court held that habeas corpus cannot be used to test th
• Graives v. Stone
  124 Fla. 339· Fla.· 1936-05-22
  The Florida Supreme Court denied a habeas corpus petition, ruling that a challenge to the legality of a grand jury cannot be raised for the first time in a habeas corpus proceeding if the indictment is valid on its face and the trial court had jurisdiction. This case clarifies pr