DENIAL
v.
SMITH, SECRETARY, PENNSYLVANIA DEPARTMENT OF EDUCATION
DENIAL
SMITH, SECRETARY, PENNSYLVANIA DEPARTMENT OF EDUCATION
489 U.S. 1086
Supreme Court of the United States (1989)
Positive Treatment
Cited by 1 case
Opinion
Full opinion text not available for this case.
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United States v. Royal, 972 F.2d 643 (5th Cir. 1992)…y failed to move to dismiss the indictment for uncertainty or to move for a bill of particulars. He has not established that his counsel’s error, if it be such, prejudiced his case. In Morlett v. Lynaugh, 851 F. 2d 1521 (5th Cir.1988), cert. denied, 489 U.S. 1086, 109 S.Ct. 1546, 103 L.Ed.2d 850 (1989), the defendant made an ineffective assistance claim based, in part, on his counsel’s failure to move to quash the indictment. We stated: [i]f Morlett’s counsel had made a timely motion to quash, the State wou…