Supreme Court of Louisiana, 2015

State v. Urena

State v. Urena
Supreme Court of Louisiana · Decided April 10, 2015 · Additionally, Crichton, Reasons
164 So. 3d 829; 2015 La. LEXIS 981; 2015 WL 1758074 (Southern Reporter, Third Series)

State v. Urena

Concurring Opinion

CRICHTON, J.,

additionally concurs and assigns reasons.

hi 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”).

Opinion of the Court

Applying For Writ of Certiorari and/or Review, Parish of Rapides, 9th Judicial District Court Div. B, No. 309,898; to the Court of Appeal, Third Circuit, No. 13-1286.

|!Writ denied.

CRICHTON, J., additionally concurs and assigns reasons.

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