...federal appellate court affirmed dismissal of a defective indictment issued by a grand jury whose term had been improperly extended. There, the court ruled that the indictment was a "nullity" because...we conclude that the district court lacked authority to impose an enhanced life sentence when appellant was not charged by indictment. We otherwise affirm appellant's conviction, rejecting his claims...anti-depressant medication, he began taking the medication but declined to appear in court again. The court issued an order finding that appellant's "stated preference is to remain in jail, as opposed...

...his indictment was fundamentally defective. The Texas Court of Criminal Appeals issued an order denying and dismissing the petition as improvidently set. The Fifth Circuit held that the "improvidently...be sufficient on the merits, citing Alexander. In Alexander, Petitioner asserted that his burglary indictment was fundamentally defective. The petition was..., 80 L.Ed.2d 826 (1984). The question whether a defective state indictment confers jurisdiction on the state trial court is a matter of state law...

...that we address is that her constitutional and statutory rights were violated when the state prosecuted her for aggravated murder with a defective indictment. The indictment is alleged to be defective for two reasons: (1) the indictment was issued by...of fifteen people. R.C. 2939.20 requires twelve of fifteen people to agree before an indictment is issued. Thus, a conflict exists between... were on Brown's grand jury. The size of the jury conformed to Crim. R. 6(A). Therefore, we hold the indictment by the grand jury was not defective in this case...

..., after indictment, is jurisdictionally defective and indictment, once issued, cannot be waived where the indictment charges a class A felony. (See...was arrested for that crime. By Bronx County indictment number 0901 of 1986, filed March 7, 1986, a Grand Jury charged defendant with the crimes of attempted murder in the second...murder in the second degree. The SCI charged the crime of attempted murder in the second degree under a depraved indifference theory (Penal Law § 110.00, 125.25 Penal [2]), while the pending indictment...

.... ALLEGATIONS Petitioner asserts that he is in federal custody pursuant to a defective criminal indictment. Petitioner alleges that the indictment issued against him in U.S. v. Moore, 4:CR93-3035, was defective in...alleges that he was not given an opportunity to move for suppression of the wiretap evidence prior to issuance of the indictment.... at 1126, and claims which would "abort a state proceeding," "dismiss an indictment," or "prevent a prosecution." Brown v. Estelle...

...defective, the search warrant was issued without probable cause and the verdict was not supported by sufficient evidence. Inasmuch as these claims could have been or were raised in petitioner's...; People ex rel. Jackson v Rock, 67 AD3d 1080, lv denied 14 NY3d 704). In support of the instant application, petitioner asserts, among other things, that the indictment was...

...to such examination.” I.C. §§ 19–1302, 19–1308 (emphasis added). Schmierer argues that the charging document in this case was a jurisdictionally defective indictment because it was not issued by...not effective because “there was no ‘defective’ indictment in this case, rather there was no indictment” because “the group of citizens that issued the purported indictment was not a grand jury...designated meeting place. The above facts were presented to a grand jury, which issued a Superseding Indictment on January 21, 2009. The...

...between the relator and the witness" that prevents her from presiding over the trial in CR-533200. Initially, we find that the indictment as issued in CR-533200 is not defective. Bandarapalli was...indictment as issued in CR-533200; and (2) Judge Gallagher conducted a hearing with regard to the "State's motion under Criminal Rule 16(B)(1)(e) to withhold witnesses names and addresses and prevent contact...County, Ohio. Thus, we find that Judge Gallagher does possess the necessary jurisdiction to preside over the criminal proceedings in CR-533200, because the indictment is not defective...

...), the Alabama Supreme Court remanded the case, holding that the original indictment issued against Christopher Hampton was fatally defective and stating that, therefore, this Court should have...so allege the knowledge requirement renders this indictment defective." (C. 44.) The State moved to amend the indictment, so as to charge that...therefore defective. The Alabama Supreme Court held that this Court should have addressed whether the trial court erred when it permitted the amendment to the defective indictment. Ex parte...

...the statute. Rather, the defendant argues that the indictment is defective because there was racial discrimination in the selection of the grand jury that issued it. The court rule...the record reasons for abandoning the indictment and obtain leave of the trial court. In this case, neither side argues that the indictment is defective because the prosecution failed to comply with...issues. The second is whether a court rule, MCR 6.112, conflicts with a statute, MCL 767.29; MSA 28.969. The statute requires that, when the prosecution wishes to abandon an indictment, it must state on...

...motion, each argument was ultimately related to one of two basic claims. First, Shere claimed that the indictment issued against him in 1987 was defective. Arguments related to this claim were (a) that...Shere was denied the right to a speedy trial because he was never properly charged with a crime, (b) that the trial court lacked subject matter jurisdiction due to the defective indictment, and (c...) that Shere's trial counsel rendered ineffective assistance by not challenging the indictment. Secondly, Shere claimed that the jury was improperly instructed that he could be convicted as a principal to...

...]) under the first two counts of the indictment. Penal Law § 215.51 (c) is not applicable to the violation of an order of protection issued pursuant to CPL 530.13. We reject defendant's contention that...those counts of the indictment are jurisdictionally defective ( see, People v. Ray, 71 N.Y.2d 849, 850...criminal contempt in the second degree (Penal Law § 215.50). Thus, we modify the judgment pursuant to CPL 470.15 (2) (a) by reducing the conviction under counts one and two of the indictment to criminal...

...indictment issued by the May 1993 grand jury is defective and should be dismissed because the prosecuting attorney did not attest to the grand jury foreperson's signature. In support of his contention R.L.... NEELY, Justice: R.L. seeks to prohibit his further prosecution under an indictment issued by the Harrison County Grand Jury during its..."an indictment . . . not carrying on its back the indorsement of the prosecuting attorney, is fatally defective on motion to quash." See also Syl. pt. 2, State v. Davis, supra ("the...

...indictment was defective for failure to state specifically which type of license had been issued to the premises where the offense occurred. The indictment charges in terms of the statute. This is ordinarily...admission of an affidavit, by the Administrator of the Alcoholic Beverage Commission, relating to the license issued to the Indian Lounge, and a copy of the license. The material...

...that at this the subsequent term when it was found that the indictment issued at a former term was defective a new indictment might be procured from the grand jury and that before the trial on it a...the state to have a defective indictment corrected when such defect was discovered at a term subsequent to that at which the indictment was found." The contention...: "The indictment on which the defendant was formerly tried, was held by this Court to be fatally defective, for the...

...did not have authority to indict Lute. On appeal, the State devotes much of its argument to the issue of a "defective indictment" and the effect of a guilty plea on "defects" in grand jury proceedings. However, there was no "defective" indictment in this case; rather there was no indictment under the law. Likewise, the group of citizens that issued the...which summoned the grand jury." "An indictment issued by a grand jury whose term is up and has not been validly extended is void... the State agreed to amend the indictment to eliminate reference to "rape", with the resulting charge reading "Battery with the Intent to Commit a Serious Felony, [to wit], Kidnapping, I.C. § 18-911...

...Dismiss Indictment Defendant further argues that the Court should vacate the Bill of Indictment issued in this case because the Indictment is defective. Defendant...Indictment for Lack of Jurisdiction Because the Indictment Has a Defect, Thus Could Not Comply With the Strick [sic] Demands of Rules 6(c) and 6(f) of the F.R.C.P.," filed September 9, 2005...Dismiss. I. FACTUAL AND PROCEDURAL HISTORY On September 6, 1994, Defendant was charged by way of Bill of Indictment with one count of...

...fatally defective and blank indictment which fraudulently represented plaintiff as an artificial, nom de guerre, corporate-person, retaining no legal rights, and subsequently adjudicated a statutory...to seek prior authorization from the Fourth Circuit. Petitioner has now filed another 60(b) motion in which he argues that the Court ignored his improper indictment claim and that...). Petitioner's fourth paragraph of his Petition argues that the state court "illegally usurped jurisdiction over the allodial being of a sovereign indigenous Moorish American national" and that it issued "a...

...] bill of indictment was fatally defective." Because the record shows a superseding indictment was issued on 29 November 1999, we do not address the issue of whether the 26 October 1998 bill of indictment..., on 29 November 1999, a superseding indictment for felony child abuse was issued against Defendant, pursuant to N.C. Gen. Stat. § 15A-646. In an order dated 14 January 2000, the...jury." Additionally, the trial court concluded "that the [26 October 1998] bill of indictment was fatally defective by the omission of necessary statutory allegations with regard to the charge of...

...indictment issued in this case was defective because it lacked both the signature of the grand jury foreperson and that of an attorney for the government...by his alleged co-conspirators during their plea colloquies. In addition, the defendant claims that the indictment issued against him was void because it allegedly lacked the signatures of the grand...substances] against the defendant in Count 3 of the indictment, the Government must prove the following propositions: First, that the defendant imported heroin into the United States from any place...