Block on Trump's Asylum Ban Upheld by Supreme Court
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.
Submitted: September 16, 2009
Filed: December 28, 2009
Opinion by Judge Beam