Brief filed: 08/25/2006
Documents
United States v. Resendiz-Ponce
United States Supreme Court; Case No. 05-998
Argument(s)
An indictment which fails to charge an essential element of a crime fails to charge a crime, and forcing a defendant to go to trial on such a defective indictment is a structural error not subject to “harmless analysis.”
Author(s)
Jeffrey T. Green and Devon A. Corneal, Sidley Austin LLP, Washington, D.C.