Legal Opinion
United States v. Russell Tyrone Fitzgerald
Court of Appeals for the Ninth Circuit
Decided August 11, 1989No. 88-1102PublishedCited by 28 opinions
1Opinion of the Court
LEAVY, Circuit Judge:
Russell Tyrone Fitzgerald (Fitzgerald) appeals his conviction of assault resulting in serious bodily injury in violation of 18 U.S.C. § 113(f). He contends that the district court erred in denying his motion to dismiss two counts of the indictment against him because: (1) 18 U.S.C. § 113(f) is void for vagueness in that the term “serious bodily injury” leaves the application and interpretation of the term open to the discretion of prosecutors, judges, and juries; and (2) the indictment was defective in that it failed to allege all essential facts and elements constituting…
2Cases cited9 opinions
- Broadrick v. OklahomaSupreme Court of the United States · 1973
- United States v. Larry Burdette JohnsonCourt of Appeals for the Ninth Circuit · 1980
- United States v. Joseph Givens, Jr.Court of Appeals for the Ninth Circuit · 1985
- United States v. Danny C. Christopher, Jack Herer, John B. Michel, John Gefall, and Kenneth R. KlotzCourt of Appeals for the Ninth Circuit · 1983
- United States v. Lasco Lavaun HurtCourt of Appeals for the Ninth Circuit · 1986
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- United States v. Michael H. Weitzenhoff Thomas W. MarianiCourt of Appeals for the Ninth Circuit · 1994
- United States v. Lewis M. Dischner, United States of America v. Carl W. MathisenCourt of Appeals for the Ninth Circuit · 1992
- Sustache-Rivera v. United StatesCourt of Appeals for the First Circuit · 2000
- United States v. James T. TabaccaCourt of Appeals for the Ninth Circuit · 1991
- United States v. Javid NaghaniCourt of Appeals for the Ninth Circuit · 2004
23 more not listed; retrieve them via the Exa API.