Joseph Hurtado Case Summary

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Joseph Hurtado (plaintiff), was arrested and scheduled for trial for the assault of Jose Estuardo in Sacramento, California. The first trial was postponed after the city attorney failed to attend, and Hurtado was released. Estuardo was shot three times after Hurtado was released, which subsequently led to the arrest and murder charges of Hurtado, who was sentenced to death after the trial.

Hurtado’s conviction was based on information, not indictment of a grand jury as required by the Fifth Amendment. The plaintiff’s attorney challenged the constitutionality of the procedure on appeal, claiming that Hurtado’s sentence was void, because it was allegedly acquired by violating his legal right to due process of law as secured by the Fourteenth

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