Topic: an oral charge, complaint, or indictment that does not stat… · Go Syfert
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Topic #22798

5 canonical passages across 3 cases, quoted by 18 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from State v. Cummings.

#Case FlagCanonical passage Citers
1 State v. Cummings Anchor
haw · 2003
green “an oral charge, complaint, or indictment that does not state an offense contains within it a substantive jurisdictional defect, rather than simply a defect in form, which renders any subsequent trial, judgment of conviction, or sentence a nullity.” 5
2 State v. Motta
haw · 1983
green “our adoption of this liberal construction standard for post-conviction challenges to indictments means we will not reverse a conviction based upon a defective indictment unless the defendant can show prejudice or that the indictment cannot within reason be construed to charge a …” 4
3 State v. Elliott
haw · 1994
green “one way in which an otherwise deficient count can be reasonably construed to charge a crime is by examination of the charge as a whole.” 4
4 State v. Motta
haw · 1983
green “charges which are tardily challenged after conviction are liberally construed in favor of validity.” 3
5 State v. Motta
haw · 1983
green “cannot within reason be construed to charge a crime.” 2

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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