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Hawaii Supreme Court: Plain Error Not Providing ‘Incidental Restraint’ Jury Instruction Where Kidnapping Only Charge After Dismissing Abuse Charges Prior to Trial

Loaded on April 15, 2023 by Mark Wilson published in Criminal Legal News May, 2023, page 36
Filed under: Restraints, Jury Instructions, Kidnapping, Abduction or Unlawful Restraint, Plain/Harmless Error. Location: Hawaii.

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 for a kidnapping conviction is “restraint in excess of any restraint incidental to the infliction or intended infliction of bodily injury or subjection or intended ...

 

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