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Article Suggestions - Errors in Charging Instrument

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/5257093316

April 28, 2014, 11:05
ZackWavrusa
Article Suggestions - Errors in Charging Instrument
I'm writing an article about dealing with errors in indictments/informations for the Prosecutor. I'm focusing on ways to handle the situations at trial and on appeal.

Does anybody have anything they'd like to see in it?

I've outlined a section on Surplsage and Immaterial vs. Material Variances from my own experiences. I want to be as helpful as possible, though, so I'm looking to see what other issues other people might have dealt with.

We can all agree that preventing this kind of errors is the best/easiest solution. I'm going to discuss that, of course, but the article is really going to be geared towards those instances where an error slips by us.
April 28, 2014, 16:24
Foley
How about understanding who to charge in a theft case where there are multiple owners or choosing between "Wal-Mart #275" and the manager of loss prevention.

The laws related to specificity and how it can be waived if not brought up by defense through a motion to quash prior to the day of trial.
April 28, 2014, 21:08
nwood
ccp 1.14 has saved my bacon twice now. i would love to know more about how far waiver can extend versus fundamental error in the charging instrument.