Heard v. Ritchey

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that “any defect in the 2 indictment did not deprive the trial court of subject matter jurisdiction”
• holding that a purported error cannot be “plain” for purposes of the plain error rule when it raises an issue of first impression
• holding that, because defendant first challenged indictment’s failure to allege a necessary element in a motion to dismiss at the close of the State’s case, review of issue on appeal was limited to plain error
• “ ‘Plain’ as used in the plain error rule is synonymous with clear or, equivalently, obvious.” (quotation omitted)
• \The trial court's error in this matter could not have been 'clear' or 'unequivocally obvious' because this case presents an issue of first impression.\
• “Due process . . . imposes an outer limit upon the court’s ability to correct a sentence after pronouncing it.”

Source: CourtListener parenthetical corpus (CC0).