Upton v. Hardeman

Benham, Justice.

This is an appeal by the warden from the partial grant of appellee Victor Hardeman’s application for a writ of habeas corpus.1 The habeas court granted the writ and overturned appellee’s conviction for kidnapping with bodily injury. For the reasons that follow, we reverse and remand with direction.

Appellee was convicted in 2003 of kidnapping with bodily injury, aggravated battery, false imprisonment, criminal attempt to commit robbery, and burglary. The trial court sentenced appellee to life imprisonment plus ten years,2 and the Court of Appeals and this Court affirmed his…