Ruling: Not double jeopardy if there was break in restraint
Sep. 14, 2017
PHOENIX (AP) — An Arizona court ruling says the constitutional protection against double jeopardy isn't violated when a defendant is charged twice with kidnapping if there was a clear break between periods when the victim was restrained.
A Court of Appeals ruling Tuesday upholds the convictions and prison sentences of a man charged with multiple felony counts in the sexual assault of his ex-wife.
An appeal argued that it violated the man's rights to be convicted of two counts of kidnapping because he was being punished more than once for a single act.
The Court of Appeals noted that the victim briefly escaped and was momentarily free midway through her ordeal and said the man committed a separate, second act of kidnapping when he restrained her a second time.