{"id":21571,"date":"2022-02-28T17:43:21","date_gmt":"2022-02-28T22:43:21","guid":{"rendered":"https:\/\/www.indianz.com\/News\/?p=21571"},"modified":"2022-02-28T17:43:34","modified_gmt":"2022-02-28T22:43:34","slug":"cronkite-news-appeals-court-rules-in-domestic-violence-case-on-navajo-nation","status":"publish","type":"post","link":"https:\/\/indianz.com\/News\/2022\/02\/28\/cronkite-news-appeals-court-rules-in-domestic-violence-case-on-navajo-nation\/","title":{"rendered":"Cronkite News: Appeals court rules in domestic violence case on Navajo Nation"},"content":{"rendered":"
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\n\t\t\n\t\t\t19-10070 USA v. Giordano Jackson\t\t<\/a>\n\t<\/div>\n\t
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Appeal from (1) conviction for first-degree murder, assault on a federal officer with a dangerous weapon, assault resulting in serious bodily injury, and kid…<\/p>\n\t\t<\/a>\n\t<\/div>\n\t

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9th Circuit Court of Appeals: USA v. Giordano Jackson – December 8, 2021<\/a>\r\n<\/figcaption>\r\n
Court: Navajo man guilty of assault can\u2019t be convicted of kidnapping, too<\/div>\r\n
Monday, February 28, 2022<\/div>\r\n
By Emily Sacia<\/div>\r\n
Cronkite News<\/DIV>\r\n
cronkitenews.azpbs.org<\/A><\/DIV>\r\n

<\/p>\r\nWASHINGTON – A federal appeals court ruled that a Navajo man who held his girlfriend while he assaulted her cannot also be convicted of kidnapping, saying such an expansion of kidnapping would lead to a “steroidal version” of assault laws.

<\/P>\r\nThe ruling by a 9th U.S. Circuit Court of Appeals panel let stand the assault conviction against Giordano Jackson but reversed his kidnapping conviction in the 2017 beating of his girlfriend, Alvina Nez.

<\/P>\r\nJackson was later convicted for Nez’s murder in a separate assault and is serving a life sentence on that charge. The court February 3 upheld that conviction.

<\/P>\r\n“This case requires us to define the limits of kidnapping,” said the opinion<\/a> written by Circuit Judge John B. Owens. Even though the standard for kidnapping only requires a “seizure,” he wrote that the seven minutes that Jackson held his girlfriend while severely beating her “is a far cry from the ‘substantial period of time’” that is required for a kidnapping.

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