Altius Willix v. United States
HabeasCorpus
Is an indictment considered duplicitous or multiplicious when it charges 2 counts occurring out of the same sequence or events that led to one episode of criminal charges and if so, does the trial court err invoking the concurrent sentence doctrine since another sentence, on an unrelated charge supersedes the sentence being challenged, or does the Fifth and Sixth amendment mandate that the challenged sentence be addressed on the merits, irrespective of the final sentence imposed
QUESTIONS PRESENTED FOR REVIEW Is an indictment considered duplicitous or multiplicious when it charges 2 counts occurring out of the same sequence or events that led to one episode of criminal charges and if so, does the trial court err invoking the concurrent sentence doctrine since another sentence, on an unrelated charge supersedes the sentence being challenged, or does the Fifth and Sixth amendment mandate that the challenged sentence be addressed on the merits, irrespective of the final sentence imposed. Does a variance of the indictment occur requiring a new trial when the court removes from the jury’s consideration the allegation that Willix was charged with us[ing] a deadly weapon and inflict[ing] bodily injury thus lowering the government’s burden of proof at trial. Should it be considered a structural error when a criminal defendant is not present for the reading of a jury note? ll