indictment-modification
7 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 23-7278 | Kasheen Samuels v. United States | Second Circuit | 2024-04-19 | Denied | Response WaivedIFP | due-process effective-assistance-of-counsel fifth-amendment grand-jury indictment-modification jury-instructions sixth-amendment | Did the Second Circuit err in failing to find that Kasheen Samuels' Fifth Amendment rights to an indictment by a Grand Jury and due process and his Si… |
| 23-5390 | Neeraj Chopra v. United States | Eighth Circuit | 2023-08-18 | Denied | Response WaivedIFP | constructive-amendment criminal-procedure due-process essential-elements indictment indictment-modification jury-instruction jury-instructions sexual-assault sexual-contact statutory-interpretation | Whether a jury instruction constructively amends an indictment by modifying the essential elements of the offense charged |
| 22-5352 | Travis Thomas, Jr. v. United States | Fifth Circuit | 2022-08-15 | Denied | Response WaivedIFP | 5th-amendment criminal-procedure factual-description factual-distinction fifth-amendment grand-jury grand-jury-clause indictment-modification prescription-drug required-element trial-amendment | Does the Fifth Amendment's Grand Jury Clause prohibit a trial amendment altering a factually distinct description of a required element? |
| 21-243 | James Warner v. United States | Sixth Circuit | 2021-08-18 | Denied | bribery-statute constructive-amendment criminal-procedure indictment indictment-modification jury-instruction jury-instructions plain-error substantial-rights | Whether the constructive amendment of an indictment by an erroneous jury instruction, stating that conspiracy counts alleged agreements to violate a d… | |
| 20-5287 | In Re Eddie Allen Jackson | 2020-08-06 | Denied | IFP | constructive-amendment criminal-procedure due-process fifth-amendment grand-jury indictment indictment-modification judicial-error | Whether the district court constructively amended the indictment in petitioner's case and if so does it rise to a Fifth Amendment violation? | |
| 19-6760 | Ijaz Khan v. United States | Fourth Circuit | 2019-11-26 | Denied | Response WaivedIFP | administrative-procedure-act constructive-amendment criminal-procedure double-jeopardy federal-rules-of-civil-procedure fifth-amendment indictment indictment-modification polygamy polygamy-charge | Whether a constructive amendment occurred at trial when the court found defendant guilty of multiple marriages, a charge not on the indictment, and wh… |
| 18-255 | George Briscoe v. Texas | Texas | 2018-08-28 | Denied | criminal-procedure defendant-rights due-process fair-trial indictment indictment-amendment indictment-modification jury-selection prosecutorial-discretion statutory-interpretation texas-criminal-procedure vagueness | Can a defendant receive a fair trial when the plain language of a statute is ignored to allow the government to change the indictment after a jury has… |