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Positive treatment
4.0 score
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994
2010
2026
Top citers, strongest first. 5 distinct citers.
How cited ↗
cited
Cited "see"
Gray v. Whitten
See Hunter v. New Mexico, 916 F.2d 595, 598 (10th Cir. 1990), cert. denied, 500 U.S. 909 (1991); Wilkerson v. Wyrick, 806 F.2d 161, 164 (8th Cir. 1986), cert. denied, 481 U.S. 1021 (1987).
discussed
Cited "see"
United States v. Teague
See Hunter v. State of New Mexico, 916 F.2d 595, 599 (10th Cir.1990), cert. denied, 500 U.S. 909 , 111 S.Ct. 1693 , 114 L.Ed.2d 87 (1991); see also United States v. Hathaway, 798 F.2d 902, 910 (6th Cir.1986) (suggesting, in dicta, amendments are prejudicial per se).
discussed
Cited "see"
United States v. Peach
See United States v. Martin, 747 F.2d 1404, 1407-08 (11th Cir.1984). 39 Finally, we review whether the district court constructively amended the indictment by omitting the aiding and abetting instruction. 40 A constructive amendment occurs "if the evidence presented at trial, together with the jury instructions, raises the possibility that the defendant was convicted of an offense other than that charged in the indictment." "The specific inquiry is whether the jury was permitted to convict the defendant upon 'a set of facts distinctly different from that set forth in the indictment.' " 41 Galb…
discussed
Cited "see"
United States v. Clarissa Williamson, AKA Clarissa Lewis, United States of America v. Carl Marshall, United States of America v. Karen Parker, United States of America v. Edward Dryden, Jr. AKA Honky, AKA Hunky
See United States v. Cardall, 885 F.2d 656, 670 (10th Cir.1989). 33 "[I]t is a fundamental precept of federal constitutional law that a 'court cannot permit a defendant to be tried on charges that are not made in the indictment.' " Hunter v. New Mexico, 916 F.2d 595, 598 (10th Cir.1990) (quoting Stirone v. United States, 361 U.S. 212, 217 , 80 S.Ct. 270, 273 , 4 L.Ed.2d 252 (1960)), cert. denied, 500 U.S. 909 , 111 S.Ct. 1693 , 114 L.Ed.2d 87 (1991). 4 34 Case law recognizes two different types of variances, similar in kind and different in degree.
discussed
Cited "see"
United States v. Williamson
See United States v. Cardall, 885 F.2d 656 , 670 (10th Cir.1989). “[I]t is a fundamental precept of federal constitutional law that a ‘court cannot permit a defendant to be tried on charges that are not made in the indictment.’” Hunter v. New Mexico, 916 F.2d 595, 598 (10th Cir. 1990) (quoting Stirone v. United States, 361 U.S. 212, 217 , 80 S.Ct. 270, 273 , 4 L.Ed.2d 252 (I960)), cert. denied, 500 U.S. 909 , 111 S.Ct. 1693 , 114 L.Ed.2d 87 (1991). 4 Case law recognizes two different types of variances, similar in kind and different in degree.
Retrieving the full opinion text from the archive…
Fink
v.
California
v.
California
No. 90-7368.
Supreme Court of the United States.
Apr 29, 1991.
Published
Ct. App. Cal., 4th App. Dist. Certiorari denied.