Bell v. Commissioner of Correction

Summary

The court held that the omission of a required kidnapping jury instruction was not shown harmless on collateral review. Applying the substantial-and-injurious-effect standard, the court concluded that the evidence allowed the jury to find that the restraints occurred while the robberies were still being completed and therefore were merely incidental to the robberies. The judgment affirming a new trial on the kidnapping charges was affirmed.