· 6/6/2007
Darrell Anthony Gautt v. Gail Lewis, Warden
Citations
- 489 F.3d 993
- 2007 U.S. App. LEXIS 13018
- 2007 WL 1615123
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that our precedent suggesting that such error is structural “predates . . . Supreme Court cases . . . which stressed the limited 11 number of ‘structural errors’”
- noting that our precedent suggesting that such error is structural “predates . . . Supreme Court cases . . . which stressed the limited 10 number of ‘structural errors’”
- explaining that “the charging document need not contain a citation to the specific statute at issue; the substance of the information, however, must in some appreciable way apprise the defendant of the charges against him so that he may prepare a defense accordingly”
- finding a violation where the defendant was convicted of a different crime than he was charged with
- granting habeas relief because the defendant’s charging document did not provide adequate notice of the charges brought, as 20 required by the Sixth and Fourteenth Amendments
- “[F]or purposes of our analysis today, we will assume-without deciding-that such sources can be parsed for evidence of notice to the defendant____”
Source: CourtListener parenthetical corpus (CC0).
Judges: Berzon, King, Margaret, Marsha, McKEOWN, Samuel
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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