United States v. Milton Donovan Olson, United States of America v. Bryan D. Olson

How courts have described this case

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

• observing that requirement that proof remain true to indictment “serves notice related-functions of protecting against unfair surprise, enabling the defendant to prepare for trial and permitting the defendant to plead the indictment as a bar to later prosecutions”
• finding nonfatal variance, in mail fraud prosecution, where indictment charged “a scheme to defraud and to obtain money” but jury instructions required proof that defendants schemed to defraud by obtaining “money or property”
• finding no ineffective assistance where trial counsel had no experience in mail fraud cases, failed to make pretrial motions or to request discovery, allegedly prepared witnesses inadequately, and failed to impeach witnesses
• \[A constructive] amendment always requires reversal because it deprives a defendant of his right to be tried on the grand jury's charge.\
• “[A constructive] amendment always requires reversal because it deprives a defendant of his right to be tried on the grand jury’s charge.”
• “An amendment always requires reversal, because it deprives a defendant of his right to be tried on the grand jury’s charge.”

Source: CourtListener parenthetical corpus (CC0).