What is the test for denial of due process in a case where there was no formal notice of a felony-murder charge in the charging document?
MultiRegion, United States of America
The following excerpt is from Sanders v. Borg, 963 F.2d 380 (9th Cir. 1992):
Under Sheppard v. Rees, the defendant must be apprised of the government's intention to proceed on a felony-murder theory if due process is to be observed. Sheppard does not require reversal of a conviction for denial of due process in a case like this where there was no formal notice in the charging document but where the record demonstrates that the defendant had actual notice of the government's theory.
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