Tenth Circuit Announces Motor Vehicles Are Not Per Se Instrumentalities of Interstate Commerce Under Commerce Clause for Purposes of the Federal Kidnapping Statute by David Kim The United States Court of Appeals for the Tenth Circuit held that motor vehicles are not per se instrumentalities of interstate commerce for purposes …

California Court of Appeal: Trial Court Misconstrued Elements of Implied Malice Theory of Provocative Act Murder Under Current Law and Reverses Denial of Petition for Resentencing by Sagi Schwartzberg The Court of Appeal for California, Fifth Appellate District, held that petitioner Tramell Vernon Taylor was entitled to resentencing on his …

California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements by Douglas Ankney by Douglas Ankney In consolidated appeals, the Court of Appeal of California, Fourth Appellate District, held that the evidence …

Fourth Circuit Vacates Where Instructions Failed to Inform Jury That Mens Rea of ‘Knowingly or Intentionally’ Applies to ‘Except as Authorized’ in 21 U.S.C. § 841(a)(1) by Douglas Ankney by Douglas Ankney   The U.S. Court of Appeals for the Fourth Circuit vacated the convictions of Dr. Joel Smithers because …

Second Circuit: Second-Degree Kidnapping Under New York Penal Law § 135.20 Not Categorically a Crime of Violence by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit held that kidnapping in the second degree under New York Penal Law (“NYPL”) § 135.20 is not categorically …

Hawaii Supreme Court: Plain Error Not Providing ‘Incidental Restraint’ Jury Instruction Where Kidnapping Only Charge After Dismissing Abuse Charges Prior to Trial by Mark Wilson by Mark Wilson The Supreme Court of Hawaii held that a trial court plainly erred in failing to instruct the jury that the “restraint” necessary …

Sixth Circuit: Unarmed Bank Robber Who Ordered Tellers to Get on the Floor Not Subject to Enhancement for Physical Restraint by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Sixth Circuit held that the sentence of a convicted bank robber who did not have a gun, …