Case Conclusion Date:November 3, 2008
Practice Area:Criminal Defense
Outcome:Defendant's kidnapping convictions were reversed. 30 years of prior appellate case precedent overturned by Georgia Supreme Court
Description:In State v. Garza, 284 Ga. 696 (2008), the Georgia Supreme Court overturned the judicially created 'slight distance' standard for the asportation element in kidnapping cases, and instead substituted a four part test adopted by several states and federal circuits under which slight movement alone is insufficient to elevate the lesser included crime of false imprisonment into kidnapping. Both of our client's Kidnapping convictions and sentences were overturned.