United States Tenth Circuit

Defendant's kidnapping conviction is affirmed, where evidence related to Defendant's domestic violence was relevant to the jury's assessment of Defendant's testimony regarding his motivation, as the jury might reasonably doubt that Defendant was actually motivated in the kidnapping by a desire to protect his children from harm or abuse.

Appellate Information

• Decided 07/17/2009
• Published 07/17/2009

Judges

• McKAY, Circuit Judge., Before BRISCOE, McKAY, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Bretta Pirie (Steven B. Killpack, Federal Public Defender, with her on the briefs), Utah Federal Defender's Office, Salt Lake City, UT, for Defendant-Appellant., Stewart C. Walz, Assistant United States Attorney (Brett L. Tolman, United States Attorney, and Diana Hagen, Assistant United States Attorneys, with him on the brief), Salt Lake City, UT, for Plaintiff-Appellee.