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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

People v. Burdo

The defendant appealed a judgment from Clinton County Court convicting them of murder in the second degree, kidnapping in the first degree, and two counts of robbery in the first degree. The appeal raised two primary issues: audio-visual coverage of the defendant's arraignment, which violated Judiciary Law § 218, and the denial of challenges for cause during jury selection. The court found that while the arraignment coverage was a statutory violation, it did not warrant reversal per se as the claims of jury taint were unsubstantiated. However, the Appellate Division determined that the trial court erred in denying challenges for cause for two prospective jurors who failed to unequivocally state their ability to be impartial, despite expressing predispositions. As the defendant exhausted their peremptory challenges, this error mandated a new trial.

Criminal LawAppellate ProcedureJury SelectionChallenges for CauseVoir DireJudiciary LawAudio-Visual CoverageArraignmentFair TrialImpartial Jury
References
28
Case No. MISSING
Regular Panel Decision

People v. Fraczak

This opinion addresses the legal interpretation of "deadly physical force" in the context of second-degree kidnapping under New York Penal Law. The case involves Wladyslaw Fraczak, who held individuals captive at a workers' compensation hearing using a fake grenade and a bag falsely claimed to contain dynamite. The jury found Fraczak "not guilty of kidnapping by reason of insanity." The court examined whether the threat of deadly physical force must be objectively real or subjectively perceived, comparing the kidnapping statute to other statutes where subjective fear is explicitly mentioned. Concluding that the threat must be capable of present realization, the court set aside the jury's verdict for kidnapping and directed a judgment of "not guilty of unlawful imprisonment in the second degree by reason of insanity."

KidnappingUnlawful ImprisonmentDeadly Physical ForceStatutory InterpretationPenal LawInsanity DefenseCriminal LawNew York LawMerger DoctrineSubjective vs Objective Test
References
5
Case No. AP-77,110
Regular Panel Decision
Nov 06, 2025

PARKER, TAYLOR RENE v. the State of Texas

Taylor Rene Parker was convicted of capital murder for the killing of Reagan Hancock and the kidnapping of her unborn child, Braxlynn. Parker had faked a pregnancy to maintain her relationship with her boyfriend, leading her to brutally murder Hancock and perform a crude C-section to abduct the baby. Braxlynn was later pronounced dead. Parker was sentenced to death. On direct appeal, Parker raised twenty-five points of error, challenging the sufficiency of evidence for kidnapping or attempted kidnapping, the denial of a motion for change of venue, the denial of a motion for continuance, the admission of extraneous offense evidence, the admission of crime scene and autopsy photographs and video, statements made by prosecutors, and the testimony of the State’s penalty-phase experts. The Court of Criminal Appeals found no reversible error on any of the points and affirmed both the conviction and the sentence of death.

Capital MurderKidnappingFetal AbductionDeath PenaltySufficiency of EvidenceChange of VenueExtraneous OffensesProsecutorial MisconductExpert TestimonyPsychiatric Evaluation
References
67
Case No. MISSING
Regular Panel Decision

Hudson v. State

Cynthia Ann Hudson was convicted of capital murder for the death of her adopted son, Samuel, who died from blunt force trauma and starvation after prolonged abuse. Hudson appealed, raising nine points of error, including challenges to the sufficiency of evidence for intent to kill and kidnapping, constitutional arguments against the kidnapping statute, and the trial court's refusal to instruct the jury on the lesser-included offense of manslaughter. The appellate court found the evidence sufficient to support the jury's findings on intent to kill and kidnapping and rejected Hudson's constitutional challenges. However, the court reversed the conviction and remanded for a new trial, concluding that Hudson was harmfully denied a jury instruction on manslaughter, as there was evidence from which a rational jury could have found she acted recklessly. This decision highlights the legal distinction between intentional murder and reckless manslaughter in the context of child abuse.

Capital MurderKidnappingManslaughterLesser-Included OffenseChild AbuseBlunt Force TraumaStarvationEvidentiary SufficiencyIntent to KillParental Rights
References
51
Case No. I-CR-180523
Regular Panel Decision
Nov 10, 2022

State of Tennessee v. Terry James Lee

The defendant, Terry James Lee, appealed his convictions from the Williamson County Circuit Court for aggravated kidnapping, simple possession, violating the financial responsibility law, speeding, and improper use of a vehicle registration. He challenged the sufficiency of the convicting evidence, the admission of evidence of uncharged conduct (rape), and the admission of his pretrial statements to the police, raising issues of territorial jurisdiction and venue. The Court detailed the victim's testimony, which described being kidnapped in Georgia, physically assaulted, and raped during an enforced journey to Tennessee, contradicting the defendant's claims of a consensual trip. The appellate court affirmed the trial court's judgments, concluding that sufficient evidence supported the convictions and that territorial jurisdiction properly attached in Williamson County due to the continuing nature of the kidnapping offense. The Court found no reversible error regarding the admission of evidence or the defendant's pretrial statements.

Aggravated KidnappingSimple PossessionFinancial Responsibility Law ViolationSpeeding ConvictionImproper Vehicle RegistrationSufficiency of Evidence ChallengeUncharged Rape EvidencePretrial Statement AdmissibilityTerritorial Jurisdiction DisputeContinuing Offense
References
22
Case No. M1998-00105-CCA-R3-CD
Regular Panel Decision
Oct 20, 2003

State v. Davidson

The defendant, Jerry Ray Davidson, was convicted of premeditated murder and aggravated kidnapping and sentenced to death. The Supreme Court of Tennessee reviewed the case after the Court of Criminal Appeals affirmed the convictions and sentences. The Court addressed issues including denial of motions for change of venue and additional peremptory challenges, sufficiency of evidence for premeditated murder and aggravated kidnapping, admissibility of Darla Harvey's testimony, and the jury verdict form regarding aggravating circumstances. The Supreme Court affirmed the judgment, finding no reversible error and concluding that the death sentence was not arbitrarily imposed or disproportionate.

Criminal LawMurderAggravated KidnappingDeath PenaltyPremeditationSufficiency of EvidenceChange of VenueJury SelectionWitness TestimonyLay Opinion
References
61
Case No. MISSING
Regular Panel Decision
Mar 21, 2005

People v. Mao-Sheng Lin

The defendant was convicted of kidnapping in the first degree, two counts of burglary in the first degree, and criminal use of a firearm in the first degree, stemming from an incident where he and two others tied up Tao Lin, Lin's wife, and restaurant workers, demanding money from Lin while threatening his wife. Lin's wife escaped and summoned help, leading to the defendant's indictment. On appeal, the defendant challenged his conviction based on the merger doctrine, the competency of trial interpreters, the denial of an adjournment, judicial bias, and the suppression of his statement to police. The court affirmed the judgment, rejecting all of the defendant's contentions, finding sufficient evidence for the kidnapping conviction and no errors in the trial proceedings.

Kidnapping First DegreeBurglary First DegreeCriminal Use of Firearm First DegreeExtortionMerger DoctrineInterpreter CompetencyAdjournment DenialJudicial BiasMiranda RightsSufficiency of Evidence
References
23
Case No. W2020-01208-CCA-R3-CD
Regular Panel Decision
Sep 09, 2022

State of Tennessee v. Zachary Rye Adams

Zachary Rye Adams was convicted of first-degree premeditated murder, two counts of first-degree felony murder, two counts of especially aggravated kidnapping, and three counts of aggravated rape in Hardin County. The convictions related to the April 13, 2011 kidnapping, rape, and murder of H.B. Although the State sought the death penalty, Adams received consecutive sentences of life imprisonment without the possibility of parole plus fifty years. On appeal, Adams challenged the sufficiency of the evidence, the denial of a recusal motion, the disqualification of defense counsel, and various evidentiary rulings. The Court of Criminal Appeals of Tennessee affirmed the trial court's judgments, finding no reversible error.

First Degree MurderFelony MurderEspecially Aggravated KidnappingAggravated RapeSufficiency of EvidenceAccomplice Testimony CorroborationJudicial RecusalAttorney DisqualificationEvidentiary RulingsHearsay Evidence
References
59
Case No. E1999-00438-CCA-R3-CD
Regular Panel Decision
Jun 28, 2002

State of Tennessee v. Thomas Dee Huskey

Thomas Dee Huskey appealed convictions for aggravated rape, rape, aggravated robbery, robbery, and kidnapping across four victims. The Court of Criminal Appeals of Tennessee affirmed convictions in part and reversed in part. The court reversed judgments for three aggravated rape convictions and one especially aggravated kidnapping conviction related to victim D.C. due to improper consolidation, finding the offenses against D.C. were committed differently than the others. The remaining convictions for victims A.D. and G.T. were affirmed, resulting in an adjusted effective sentence of forty-four years in the Department of Correction. The court addressed numerous other issues including speedy trial, unlawful arrest, discovery, and prosecutorial misconduct, generally finding no reversible error.

Criminal LawAppellate ReviewConviction ReversalJudicial DiscretionPretrial PublicityJury SelectionWitness CredibilityEvidentiary RulesSentencing EnhancementConstitutional Rights
References
152
Case No. MISSING
Regular Panel Decision

BFI Group Divino Corp. v. JSC Russian Aluminum

The current case is a motion for relief from a judgment filed by BFI Group Divino Corp. against JSC Russian Aluminum and others. The initial judgment, entered on May 30, 2007, dismissed BFI's claims due to forum non conveniens, deeming Nigeria an adequate alternative forum. BFI argues that newly discovered evidence, including a kidnaping incident of RUSAL employees and increased violence in Nigeria, makes Nigeria unsafe. However, the court, presided over by Senior District Judge William C. Conner of the Southern District of New York, denies the motion. The judge finds that the evidence is not truly "newly discovered" as it largely post-dates the original judgment, was not justifiably unknown, and would not have altered the previous decision. The court emphasizes that the alleged kidnaping occurred far from the prospective trial venue in Abuja and that BFI continues its own litigation and business pursuits in Nigeria, making its safety concerns appear inconsistent and the new evidence cumulative of prior arguments.

Forum non conveniensMotion for relief from judgmentFederal Rules of Civil Procedure 60(b)Newly discovered evidenceAdequate alternative forumNigeria security concernsInternational business disputeKidnaping incidentWitness unavailabilityPrivate interest factors
References
14
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