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United States v. Resendiz-Ponce

Docket No.: 05-998
Certiorari Granted: Apr 17 2006
Argued: October 10, 2006
Decided: January 9, 2007

Topics:

harmless error, harmless-error, murder, Obscenity

PartyNames: United States v. Juan Resendiz-Ponce
Petitioner: United States
Respondent: Juan Resendiz-Ponce

Court Below: United States Court of Appeals for the Ninth Circuit

United States
v.
Juan Resendiz-Ponce
549 U.S. 102 (2007)
Question Presented:

Whether the omission of an element of a criminal offense from a federal indictment can constitute harmless error.

Question:

Can the omission of an element of a criminal offense from a federal indictment constitute harmless error?

Note:

ORDERED 10/13/2006: THE PARTIES ARE DIRECTED TO FILE SUPPLEMENTAL BRIEFS ADDRESSING THE FOLLOWING QUESTION: "DID THE INDICTMENT OMIT AN ALLEGATION THAT WAS REQUIRED BY THE FIFTH AMENDMENT?"

Holding: judgment reversed and remanded
Vote: 8-1
Opinion By:
Read UNITED STATES V. RESENDIZ-PONCE opinion (PDF)

Read opinion
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