United States Eighth Circuit

In a kidnapping prosecution, the denial of defendant's motion to dismiss the indictment is affirmed where 1) the jury in a prior felony murder trial did not need to find that defendant did not kidnap the victim in order to acquit defendant; 2) defendant's acquittal on the charge of carrying a firearm in furtherance of a crime of violence did not require the jury to determine that defendant did not commit kidnapping; and 3) in acquitting defendant's co-defendant on all counts, the jury did not necessarily find that defendant did not commit kidnapping.

Appellate Information

• Decided 12/28/2009
• Published 12/28/2009

Judges

• BEAM, Circuit Judge., Before WOLLMAN, BEAM, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Erin Cassinelli Couch and Jack T. Lassiter, Little Rock, AR, for appellant.


• For Appellees:
  
• Edward O. Walker, AUSA, Laura G. Hoey, AUSA, Little Rock, AR, for appellee.