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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.