· 8/23/1983
United States v. Leonard Gooday
Citations
- 714 F.2d 80
- 1983 U.S. App. LEXIS 24606
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that an “acquittal on the explicit charge therefore bars subsequent indictment on the implicit lesser included offenses”
- explaining that an indictment gives the defendant notice of the charges against which the defendant may have to defend, including the explicit charges and any offenses necessarily included in those charges
- “Goo-day’s acquittal on the indictment’s first-degree murder count does not preclude retrial on the three lesser included offenses on which the jury was instructed.”
- if no instructions are given on lesser included offense, “an acquittal on the crime explicitly charged necessarily implies an acquittal on all lesser offenses included within that charge”
- “Gooday’s acquittal on the indictment’s first-degree murder count does not preclude retrial on the three lesser included offenses on which the jury was instruct- ed.”
- if no instructions are given on lesser included offense, “an acquittal on the crime explicitly charged necessarily implies an acquittal on all lesser offenses included within that charge”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hug, Far-Ris
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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