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697 KB
Extraction Summary
4
People
3
Organizations
2
Locations
2
Events
1
Relationships
2
Quotes
Document Information
Type:
Legal document
File Size:
697 KB
Summary
This legal document is a page from a court opinion regarding an appeal by Maxwell. Maxwell argues that the District Court erred by allowing testimony about a sexual abuse incident in New Mexico, claiming this constituted a constructive amendment to her indictment in violation of the Fifth Amendment. The appellate court is reviewing this claim and affirms the District Court's denial, outlining the legal standards for what constitutes a constructive amendment.
People (4)
| Name | Role | Context |
|---|---|---|
| Maxwell | Appellant/Defendant |
The central figure in the document, appealing a District Court's denial of a motion regarding a constructive amendmen...
|
| Jane | Victim/Witness |
Mentioned in the context of a criminal charge related to sexual activity under New York law.
|
| Dove |
Named in the case citation 'United States v. Dove'.
|
|
| Khalupsky |
Named in the case citation 'United States v. Khalupsky'.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| District Court | Judicial body |
The lower court whose decision Maxwell is appealing.
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| Grand Jury | Legal body |
Mentioned in the context of the Grand Jury Clause of the Fifth Amendment, which Maxwell claims was violated.
|
| United States | Government agency |
Appears as the plaintiff in the cited cases 'United States v. Dove' and 'United States v. Khalupsky'.
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Timeline (2 events)
Maxwell appeals the District Court's denial of her motion, arguing a constructive amendment to her indictment.
Testimony was presented to a jury about a witness's sexual abuse in New Mexico.
New Mexico
witness
Locations (2)
| Location | Context |
|---|---|
|
Location of a witness's sexual abuse, testimony about which is central to Maxwell's appeal.
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|
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Mentioned in relation to a law concerning criminal offenses for sexual activity.
|
Relationships (1)
Maxwell is appealing a decision made by the District Court, indicating an appellant-appellee relationship in a legal proceeding.
Key Quotes (2)
"an indictment must contain the elements of the offense charged and fairly inform the defendant of the charge against which he must defend."Source
— Fifth Amendment's Grand Jury Clause (as interpreted by the court)
(Stating the legal standard for an indictment to satisfy the Fifth Amendment.)
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Quote #1
"the terms of the indictment are in effect altered by the presentation of evidence and jury instructions which so modify essential elements of the offense charged"Source
— The court
(Explaining the standard a defendant must meet to prevail on a constructive amendment claim.)
DOJ-OGR-00014870.jpg
Quote #2
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