[DV_listserv] LEGAL UPDATE: (Good!) Kidnapping case

[Domestic Violence issues]

State v. Demetrius Level Vaughan-France 279 Or App 305 (2016) (June 29, 2016)

Defendant was convicted of various crimes, including Kidnapping and Assault II, stemming from his attacks and confinement of his girlfriend. On appeal, the Defendant argues that the State did not present sufficient evidence of its theory of Kidnapping, i.e., of "confinement in a place where the victim was not likely to be found," ORS 163.225(1)(b).

Citing previous cases, State v. Montgomery, 50 Or App 381, 624 P2d 151, rev den, 290 Or 727 (1981) and State v. Kawamoto, 273 Or App 241, 250-51, 359 P3d 305 (2015), the Court rejected Defendant's "confinement" argument. Similarly, the Court rejected the Defendant's argument that the State had not presented sufficient evidence that the Kidnapping was not merely "incidental" to other crimes.

The Court affirmed Defendant's convictions.

http://www.publications.ojd.state.or.us/docs/A155485.pdf

We've had a long line of bad Kidnapping cases, but Kawamoto and this case provide some hope!

Great work by the prosecutor (Katie Green, Lane Co.) and Appellate attorney (Doug Petrina)!



Erin S. Greenawald
Sr. Assistant Attorney General | DA/LE Assistance| Criminal Justice Division
Oregon Department of Justice
2250 McGilchrist Street SE, Suite 100, Salem OR 97302
Main: 503.378.6347 | Desk: 503.934.2024 | Fax: 503.373.1937

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