Legal Question in Criminal Law in Texas
Indictment
Indictment contained six counts, three were discovered expired by SOL during jury trial and indictment amended to abandon the expired counts during guilt/innocence phase of trial; convicted on the remaining three. Habeas filed and retrial granted for ineffective assistance counsel. Is the indictment invalid with the remaining counts in former jeopardy after conviction? Isn't a new indictment required after the former was ''infected'' with testimony from the expired counts?
Asked on 6/14/07, 9:27 am
1 Answer from Attorneys
Keith Engelke
Law Office of S. Keith Engelke
Re: Indictment
You should retain an attorney to advise you on this complex question. I would be concerned that the right to insist on a correct indictment was waived when you went to trial without objecting to it.
Answered on 6/14/07, 5:24 pm
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