United States Sixth Circuit

Apprendi v. New Jersey, 530 U.S. 466 (2000), did not overturn the repeated holding of the Supreme Court that the Fifth Amendment grand jury right was not incorporated by the Fourteenth Amendment, and thus does not apply to state prosecutions. A grant of habeas relief is reversed where the U.S. Constitution only requires that an indictment in a state prosecution give fair notice to the defendant of the charges against him, and the indictment at issue so complied.

Appellate Information

• Decided 10/26/2006
• Published 10/26/2006

Judges

• Before MARTIN, MOORE, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  M. Scott Criss, Office of the Attorney General, Columbus, Ohio, for Appellant.  David L. Doughten, Cleveland, Ohio, for Appellee.   ON BRIEF:  Bruce D. Horrigan, Office of the Attorney General, Cleveland, Ohio, for Appellant.  David L. Doughten, Cleveland, Ohio, for Appellee.