Spellbound
falsus in uno, falsus in omnibus
- Joined
- Apr 4, 2013
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Unless I read all of this wrong, I think this could very well be a FEDERAL case:
https://www.justice.gov/sites/default/files/usao/legacy/2012/01/26/usab6001.pdf
IV. Federal jurisdiction over murders or "resulting in death" offenses
C. Killings while a killer/defendant engaged in another federal offense
There are many statutes which provide that if a person is killed while the killer/defendant iscommitting another federal felony offense, federal jurisdiction exists over the murder itself. The federalgovernment has jurisdiction over killings that occur during
(snipped..see page for entire list)
A kidnaping (18 U.S.C. § 1201)
V. Issues in federal murder cases
B. Murder during a kidnapping
Prosecutions involving deaths during a kidnapping have raised some unique issues regarding thetiming and location of the murder in relation to the kidnapping. For example, in United States v.Rodriguez, 581 F.3d 775 (8th Cir. 2009), the victim was kidnapped from a mall parking lot in SouthDakota and her body was later found in a ditch in Minnesota. Where she was killed was never clear, butthe defendant was prosecuted in South Dakota for a kidnapping resulting in death. The court affirmed thevenue, holding "[w]here a crime consists of distinct parts which have different localities the whole maybe tried where any part can be proved to have been done." Id. at 784 (internal citation omitted). Similarly,in United States v. Montgomery, 635 F.3d 1074 (8th Cir. 2011), the defendant murdered a pregnantwoman, cut the fetus from her stomach, and kidnapped the live baby taking it across state lines. Thedefendant appealed her conviction, arguing the victim died before she removed the baby from the womband therefore the death could not have resulted from the kidnapping which chronologically occurred afterthe murder. The Eighth Circuit Court of Appeals affirmed the conviction, "conclud[ing] that a death mayprecede the completion of the crime of kidnapping, but nonetheless result from the kidnapping." Id. at1087.
https://www.justice.gov/sites/default/files/usao/legacy/2012/01/26/usab6001.pdf
IV. Federal jurisdiction over murders or "resulting in death" offenses
C. Killings while a killer/defendant engaged in another federal offense
There are many statutes which provide that if a person is killed while the killer/defendant iscommitting another federal felony offense, federal jurisdiction exists over the murder itself. The federalgovernment has jurisdiction over killings that occur during
(snipped..see page for entire list)
A kidnaping (18 U.S.C. § 1201)
V. Issues in federal murder cases
B. Murder during a kidnapping
Prosecutions involving deaths during a kidnapping have raised some unique issues regarding thetiming and location of the murder in relation to the kidnapping. For example, in United States v.Rodriguez, 581 F.3d 775 (8th Cir. 2009), the victim was kidnapped from a mall parking lot in SouthDakota and her body was later found in a ditch in Minnesota. Where she was killed was never clear, butthe defendant was prosecuted in South Dakota for a kidnapping resulting in death. The court affirmed thevenue, holding "[w]here a crime consists of distinct parts which have different localities the whole maybe tried where any part can be proved to have been done." Id. at 784 (internal citation omitted). Similarly,in United States v. Montgomery, 635 F.3d 1074 (8th Cir. 2011), the defendant murdered a pregnantwoman, cut the fetus from her stomach, and kidnapped the live baby taking it across state lines. Thedefendant appealed her conviction, arguing the victim died before she removed the baby from the womband therefore the death could not have resulted from the kidnapping which chronologically occurred afterthe murder. The Eighth Circuit Court of Appeals affirmed the conviction, "conclud[ing] that a death mayprecede the completion of the crime of kidnapping, but nonetheless result from the kidnapping." Id. at1087.
