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164 So. 3d 829

State v. Urena

Supreme Court of Louisiana

Decided April 10, 2015

Supreme Court of Louisiana · decided 2015-04-10

Cited by 2 later decisions — most recently October 2017

2 state decisions

Relies on Hamling v. United States · Russell v. United States · Hartman v. United States

Good law ✅— No negative treatment on recordhow we know

Decided 2015-04-10

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CRICHTON, J.,

¶1additionally concurs and assigns reasons.

¶2hi concur in the denial of this writ application. I write separately to caution prosecutors against relying on generic charges in an indictment, because such charges could compromise the defendant’s due process rights. See, e.g., Russell v. United States, 369 U.S. 749, 763, 82 S.Ct. 1038, 8 L.Ed.2d 240 (1962) (due process requires that an indictment “sufficiently apprises, the defendant of what he must be prepared to meet”); Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974) (an indictment is sufficient if it enables a defendant “to plead an acquittal or conviction in bar of future prosecutions for the same offense”).

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