Court of Criminal Appeals of Tennessee· 12/3/1997

State v. Nixon

Citations

977 S.W.2d 119
1997 Tenn. Crim. App. LEXIS 1202

How courts have described this case

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

holding that “defects in the indictment that go to matters of form rather than substance” can be waived if not objected to prior to trial
holding that defects in the indictment that go to form, such as time of the offense, rather than substance must be raised prior to trial or result in waiver
finding that defects in an indictment which go to matters of form rather than substance include the place of the offense
finding that the omission of the defendants’ names in the body of a single-count indictment was not fatal because the defendants’ names appeared on the cover sheet
finding an indictment sufficient despite an error because “[t]he indictment in no way misled or misinformed the defendants of the charge against them”
“Notwithstanding the applicability of the waiver provision, the court may grant relief from the waiver if the defendant has shown actual prejudice resulting from the defect in the indictment.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hayes, Peay, Summers

Read full opinion on CourtListener

Cited by

56 cases in this archive cite this case; the 20 most cited are listed.

Cites

11 cases in this archive are cited by this case.

Other cases with this name

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.