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Appellate panel hears challenge to 'serious bodily injury' finding in Lauper kidnapping case
Summary
At an appellate oral argument, defense counsel asked the court to remand the conviction of Mr. Lauper, arguing insufficient evidence that the victim, Ms. Pho, suffered serious bodily injury; the state said a long forehead gash, staples, persistent scar and vision problems met the standard. The court took the matter under advisement.
Appellate counsel for the defendant asked the court to remand the conviction of Mr. Lauper, arguing there was insufficient evidence that the victim, identified in court transcripts as Ms. Pho, suffered “serious bodily injury.” State counsel told the panel that the victim sustained a 3- to 4-inch, roughly 1-inch-deep gash to her forehead that required three staples, left a lasting scar and produced vision problems that persisted at least a week and, according to witnesses, until trial. The court took the matter under advisement.
The appeal centers on whether the injuries meet the statutory and case-law standard for serious bodily injury, an element that increases the severity of several criminal counts in the record. Defense…
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