indictment-defect
17 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6742 | Gezo Goeong Edwards v. United States | District of Columbia | 2026-02-06 | Denied | Response WaivedIFP | controlled-substance criminal-procedure due-process indictment-defect ineffective-assistance mens-rea | 1. Whether an indictment charging conspiracy to distribute a controlled substance under 21 USCS 846 and 841(a) fails to state an offense where it plac… |
| 24-6286 | Frank James v. United States | Second Circuit | 2025-01-13 | Denied | Response WaivedIFP | appellate-review charging-statute circuit-split criminal-procedure indictment-defect jurisdictional-error | Whether a defect in an indictment -- of whatever kind -- is categorically a non-jurisdictional error, even if the indictment alleges conduct that is b… |
| 24-5754 | Azibo Aquart v. United States | Second Circuit | 2024-10-15 | Denied | IFP | charging-statute district-court-jurisdiction federal-criminal-prosecution indictment-defect jurisdictional-error mandate-rule | Whether a defect in an indictment is categorically a non-jurisdictional error, even if the indictment alleges conduct that is beyond the scope of the … |
| 24-5427 | Michael Stapleton v. United States | Eleventh Circuit | 2024-08-30 | Denied | Response WaivedRelisted (2)IFP | brady-violation circuit-split constitutional-violation double-jeopardy indictment-defect sentencing-enhancement | 1) Did the district court create a split in circuits by denying relief on charges —in the indictment that violated Congressional Intent/ where the D… |
| 23-7407 | Mario H. Lloyd v. United States | Seventh Circuit | 2024-05-07 | Denied | Response WaivedIFP | assistance-of-counsel due-process fraud-upon-the-court indictment-defect ineffective-assistance ischemic-stroke judicial-misconduct seventh-circuit substantial-right | I. Whether the Seventh Circuit and its predecessor made a err in the judicial proceedings by allowing a defective indictment by named $1,240,675:00 … |
| 23-6394 | Andrew Tablack v. United States | Third Circuit | 2023-12-28 | Denied | Response WaivedIFP | 21-usc-841 controlled-substance controlled-substances criminal-law criminal-procedure drug-offense federal-statute indictment indictment-defect scheduling statutory-interpretation | Is there a legal element in 21 U.S.C. §811(2)(G) that requires the "drug named" in the indictment to be listed as the controlled substance analogues? … |
| 23-5075 | Derek J. Petty v. United States | Eighth Circuit | 2023-07-11 | Denied | Response WaivedIFP | criminal-law criminal-offense criminal-procedure due-process essential-element federal-felony federal-jurisdiction indictment indictment-defect judicial-review structural-error | Whether the omission of an essential element of a criminal offense from a federal felony indictment constitutes structural error. |
| 22-6855 | Alvin Lee Johnson v. Mississippi | Mississippi | 2023-02-23 | Denied | Response WaivedIFP | criminal-conviction criminal-procedure due-process indictment-defect ineffective-assistance ineffective-assistance-of-counsel judicial-misconduct prosecutorial-misconduct sufficiency-of-evidence | WHETHER JOHNSON'S CONVICTION AND SENTENCE DERIVED FROM A DEFECTIVE INDICTMENT NOT BEING PRESENTED, RECEIVED AND FILED IN OPEN COURT? WHETHER JOHNSON'… |
| 21-8268 | Roger Acosta v. United States | Ninth Circuit | 2022-06-29 | Denied | Response WaivedIFP | circuit-split criminal-law criminal-procedure federal-jurisdiction federal-prosecution indictment indictment-defect mens-rea rehaif-standard structural-error | Petitioners were each convicted of possessing a firearm as a prohibited person. After their convictions became final, this Court held in Rehaif v. Uni… |
| 21-8182 | Reuben Conway v. United States | Ninth Circuit | 2022-06-17 | Denied | Response WaivedIFP | circuit-split criminal-procedure federal-courts federal-jurisdiction indictment indictment-defect jurisdiction mens-rea rehaif-v-united-states statutory-interpretation | After Petitioner Reuben Conway was charged, convicted, and sentenced for prohibited person in possession of a firearm, this Court overturned near-unan… |
| 21-6034 | Clifton James Jackson v. United States | Ninth Circuit | 2021-10-20 | Denied | Response WaivedIFP | circuit-split criminal-conduct criminal-procedure discovery-violations federal-jurisdiction government-agencies indictment-defect mens-rea rehaif-v-united-states speedy-trial-act | 1. After Jackson was charged with and convicted of unlawful firearm possession, this Court overturned near-unanimous circuit authority by holding the … |
| 20-7831 | Lena Lasher v. United States | Second Circuit | 2021-04-22 | Denied | Response WaivedIFP | appellate-review constitutional-rights controlled-substances-act defective-indictment drug-definition ex-post-facto food-drug-cosmetics-act indictment-defect lack-of-physical-evidence | I. Did the Appellate Court denied the Plaintiff her constitutional right by denying her Appeal 18-2693 (L) without addressing the District Court 's vi… |
| 20-7082 | Edward Bishop v. United States | Seventh Circuit | 2021-02-08 | Denied | Response WaivedIFP | 6th-amendment 924(c)-prosecution constitutional-violation constructive-amendment deficient-performance drug-trafficking-crime due-process habeas-corpus indictment-defect ineffective-assistance-of-counsel prejudice vagueness-challenge | 1. Whether Trial Counsel's performance was deficient and whether any errors were prejudicial? 2. Is an indictment defective in a 924(c) prosecution i… |
| 20-7062 | Alfred L. Cross v. United States | Seventh Circuit | 2021-02-05 | Denied | Response WaivedIFP | bank-fraud constitutional-rights criminal-procedure due-process guilty-plea indictment-defect intent intent-to-defraud jurisdiction materiality materiality-element plea-bargaining | Whether the Decision below squarely conflicts with McCarthy v. United States and Neder v. United States, where Mr. Cross Held a Constitutional Right t… |
| 20-6076 | Harold Pena v. United States | Eleventh Circuit | 2020-10-20 | Denied | Response WaivedIFP | coram-nobis due-process indictment-defect jurisdiction-errors jurisdictional-error marpol-violation material-evidence material-evidence-suppression summary-affirmance | 1.- What is the appropriate standard of review, when the Eleventh Circuit Court of Appeal improperly and controversy, Grants the Government's Motion f… |
| 19-8051 | Jack Benjamin Hessiani v. United States | Ninth Circuit | 2020-03-20 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment grand-jury indictment indictment-defect jurisdictional-challenge mens-rea sixth-amendment | 1. The Circuits are divided over whether federal courts have jurisdiction over a criminal matter when the charging document omits an essential element… |
| 19-5532 | Timothy W. Sparrow v. Rusty Washburn, Warden | Sixth Circuit | 2019-08-09 | Denied | Response WaivedIFP | criminal-procedure criminal-procedure-defective-indictment,double-jeo due-process evidentiary-rulings indictment-defect ineffective-assistance judicial-misconduct jury-representation jury-selection prosecutorial-misconduct sufficiency-of-evidence | 1. The indictment was defective because it did not adequately inform the petitioner of the state's theory of attempted first degree murder. (Doc. No. … |