October 29, 2012

October 29, 2012:  At the Fall 2012 meeting, the committee (1) revised instructions on kidnapping and unlawful restraint to incorporate language from State v. Carrasquillo regarding whether a confinement has become sufficiently substantial to meet the elements of the crime.  See 173 Vt. 557, 561 (2002) (mem.) (explaining that the focus of the analysis is “on the quality and nature of the restraint rather than just on duration”); and (2) approved a new instruction on aggravated assault by threat with a deadly weapon, 13 V.S.A. § 1024(a)(5).  Both will be posted soon.

The committee welcomes substantive comments as well as any reports of technical glitches by email.  Please know that your suggestion will be considered even though you will not receive an email reply.

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