United States v. Resendiz-Ponce

Amicus curiae brief of the National Association of Criminal Defense Lawyers.

Brief filed: 08/25/2006


United States v. Resendiz-Ponce

United States Supreme Court; Case No. 05-998


An indictment which fails to charge an essential element of a crime fails to charge a crime, and forcing a defendant to go to trial on such a defective indictment is a structural error not subject to “harmless analysis.”

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Jeffrey T. Green and Devon A. Corneal, Sidley Austin LLP, Washington, D.C.