Legal Opinion
Rita M. Martin v. Betty Kassulke, Warden
Court of Appeals for the Sixth Circuit
Decided July 29, 1992No. 91-5788PublishedCited by 36 opinions
1Opinion of the Court
BOGGS, Circuit Judge.
In October 1990, petitioner, who has been in prison since 1984 on charges of first-degree rape, filed a petition for a writ of habeas corpus on the grounds that the difference between the charges against her as outlined in the jury instructions and the charges in her indictment constituted an impermissible constructive amendment of the indictment and not merely a permissible variance. The district court granted the habeas petition on June 18, 1991. We reverse, holding that the difference between the indictment and the jury instructions was only a permissible variance.
I
Rita…
2Cases cited10 opinions
- Tyrone Gaither v. United States of America, Charles Tatum v. United StatesCourt of Appeals for the D.C. Circuit · 1969
- United States v. Kevin Thomas FordCourt of Appeals for the Sixth Circuit · 1989
- Jim R. Hunter v. State of New Mexico Attorney General of the State of New Mexico Robert J. Tansey, Warden, New Mexico State PenitentiaryCourt of Appeals for the Tenth Circuit · 1990
- United States v. John M. BeelerCourt of Appeals for the Sixth Circuit · 1978
- United States v. Larry PetermanCourt of Appeals for the Tenth Circuit · 1988
5 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- United States v. John R. Prince (98-6361), Tony White (98-6362)Court of Appeals for the Sixth Circuit · 2000
- United States v. KuehneCourt of Appeals for the Sixth Circuit · 2008
- United States v. Robert SuarezCourt of Appeals for the Sixth Circuit · 2001
- United States v. BuddCourt of Appeals for the Sixth Circuit · 2007
- United States v. Elton NanceCourt of Appeals for the Sixth Circuit · 2007
31 more not listed; retrieve them via the Exa API.