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Keywords

tortdefendanttrialhabeas corpuswillbeyond a reasonable doubt

tortdefendanthabeas corpusbeyond a reasonable doubt

Related Cases

Givens v. Housewright, 786 F.2d 1378

Facts

Givens was convicted in Nevada state court for the first-degree murder of his pregnant girlfriend, Vickie Lynn Frierson. The evidence presented at trial indicated that Givens had physically assaulted the victim multiple times, using both his fists and a crutch. The trial judge instructed the jury on two types of first-degree murder: murder by torture and general willful, deliberate, and premeditated murder. Givens contended that the information filed against him did not adequately inform him of the murder by torture charge, violating his Sixth Amendment rights.

Givens was convicted in Nevada state court of the first-degree murder of a pregnant woman with whom he was living. The evidence indicated that Givens had repeatedly beaten the victim with his fists and struck her with the broken end of a crutch.

Issue

Whether the information filed against Givens provided adequate notice of the charge of murder by torture, and whether the trial court's instruction on this charge constituted reversible error.

In his pro se briefs, Givens argues that the information filed against him did not give him adequate notice that he would face a charge of murder by torture.

Rule

The Sixth Amendment requires that an information state the elements of an offense charged with sufficient clarity to apprise a defendant of what he must be prepared to defend against.

The sixth amendment requires, in part, that an information state the elements of an offense charged with sufficient clarity to apprise a defendant of what he must be prepared to defend against.

Analysis

The court determined that the information was constitutionally inadequate to support the charge of murder by torture. The brief factual recitation in the information did not suggest the special elements required for murder by torture, and the mere citation to the statutory definition of murder did not provide adequate notice. The court emphasized that Givens was not properly informed of the specific intent required for the charge, which could have affected his defense strategy.

We agree with Givens that the information was constitutionally inadequate to support a charge of murder by torture.

Conclusion

The court reversed the district court's denial of Givens' petition for a writ of habeas corpus, concluding that the constitutional error was not harmless beyond a reasonable doubt.

Because this constitutional error is not harmless beyond a reasonable doubt, we must reverse the district court's denial of Givens' petition for a writ of habeas corpus.

Who won?

Givens prevailed in the case because the court found that the information charging him with murder by torture was constitutionally inadequate, which violated his right to be informed of the charges against him.

Givens prevailed in the case because the court found that the information charging him with murder by torture was constitutionally inadequate.

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