Tyrone Gaither v. United States of America, Charles Tatum v. United States

How courts have described this case

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

• recognizing that courts “have noticed [prosecutorial] errors where they were not objected to at trial, or even on appeal”
• reasoning that prejudicial effect of prosecutor’s misstatement was “largely countered” by the defense counsel’s contemporaneous objection and his summation “vigorously contest[ing] the … misstatement”
• noting that, unless explicitly charged on the face of the indictment, “the prosecutor can know [the grand jury’s] will only by guesswork from the evidence he has presented to the jurors” but “[h]e cannot know the actual tenor of their deliberations or decisions”
• \[t]he Fifth Amendment guarantees that prosecutions for serious crime may only be instituted by indictment\
• statements in opening and closing about defendant's lack of sales slips or money for the allegedly stolen property in grand larceny case held improper
• statements in opening and closing about defendant's lack of sales slips or money for the allegedly stolen property in grand larceny case held improper

Source: CourtListener parenthetical corpus (CC0).