Posted On: July 8, 2011
CALIFORNIA CRIMINAL LAW: KIDNAPPING REVERSED
The defendant actually wins one issue in this death penalty affirmance, not that it does this actual defendant any good. The defendant was convicted, in addition to murder, of kidnapping. In Martinez (20 C4th 225), the California Supreme Court held that the jury is required to consider the totality of the circumstances in determining whether the movement of the victim was substantial enough to qualify as a kidnapping. The previous rule was exclusively dependent on the distance involved. The judge here instructed the jury under the previous rule. The California Supreme Court finds error and reverses the kidnapping conviction.
People v. Castaneda; 2011 DJ DAR 9863; DJ, 7/1/11; Cal. Supremes
