Rainwater Law Group

Effective Criminal Defense

Rademaker v. Paramo, No. 14-56946 [August 30, 2016]

Rademaker v. Paramo

The California Court of Appeal found that an erroneous jury instruction regarding the element of the asportation in special circumstances of committing a murder during the commission of kidnapping did not require reversal as it was “harmless beyond a reasonable doubt” under state law. The Court held that the harmless-error determination was not objectively unreasonable. The State Court’s decision that the evidence show the victim was moved one to one and one-half miles was not an unreasonable one and, therefore, the instruction was harmless was a reasonable one.


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