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.
Filed July 17, 2009
Opinion by Judge McKay
Bretta Pirie, Federal Public Defender, Utah Federal Defender's Office, Salt Lake City, UT
Steven B. Killpack, Federal Public Defender, Utah Federal Defender's Office, Salt Lake City, UT