What information does a defendant need to know about the special elements of a murder charge?
MultiRegion, United States of America
The following excerpt is from Gomez v. Sherman, No. 2:17-cv-00305 JAM KJN (E.D. Cal. 2019):
In determining whether a defendant had adequate notice of the criminal allegation, a review commences with the charging document. Due process requires that the formal charge set forth the elements of the offense "with sufficient clarity to apprise a defendant of what he must be prepared to defend against." Givens v. Housewright, 786 F.2d 1378, 1380 (9th Cir. 1986) (information inadequate to inform defendant of special elements of murder charge).
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