Also known as: dittays · indictment
Written by attorneys · grounded in primary & secondary sources — see below
A formal written accusation of crime returned by a grand jury.
Select any source to read its text and confirm it supports the definition.
Dwight Dorsey faces federal charges for a serious offense. A grand jury reviews the evidence presented by prosecutors and returns the dittay against him. The court allows the case to proceed to trial under the governing constitutional requirements.
Delilah Duran stands accused after an information is filed. The court enters a final order for the defendant that necessarily requires a determination inconsistent with a fact needed for conviction. Prosecutors cannot bring the same charge again.
Derek Douglas is indicted and held in custody. Authorities place an informant in his cell who listens passively without deliberately eliciting statements. The dittay remains valid and no Sixth Amendment violation occurs.
Darrell Duncan moves to dismiss the dittay returned against him. He objects that one grand juror lacked legal qualification. The court denies the motion because the record shows at least twelve qualified jurors concurred.
Danielle Dixon is indicted for robbery. Police arrange a corporeal lineup without counsel present. The court suppresses the identification because the dittay had already been returned and the procedure was a critical stage.
Destiny Davis is indicted and placed in a cell with a paid informant. The informant deliberately elicits incriminating remarks about the charged offense. The court finds the dittay process tainted by the Sixth Amendment violation.
A valid dittay requires concurrence of at least twelve qualified grand jurors. If fewer than twelve concur the indictment must be dismissed.
The right to counsel attaches upon return of the dittay because that event initiates formal adversary judicial proceedings. Post-indictment identification procedures are therefore critical stages requiring counsel.
Placement of an informant after a dittay violates the Sixth Amendment only when the informant deliberately elicits incriminating statements rather than merely listening. Passive listening creates no violation.
…that he: "[I]n the past has been arrested for violating the Texas Abortion Laws and at the present time stands charged by indictment with violating said laws in the Criminal District Court of Dallas County, Texas to-wit: (1) The State of Texas vs. James H. Hallford, No. C-69-5307-IH, and (2) The State of Texas vs. James…