As Kobe Bryant boxed out Ron Artest underneath the rim, both players were fighting for the basketball. There is little question that Artest was draped all over Kobe and an over the back foul on Artest seemed appropriate given the circumstances.
If you watch the replay, it does appear that Kobe's elbow strikes Ron Artest in the throat. The decision that needs to be made is, was Kobe intentionally throwing the elbow or was it incidental in an attempt to box out Artest?
The reason that the decision of intentional or unintentional is so critical is because of a similar situation that occurred during the Orlando Magic-Philadelphia 76ers playoff matchup during the first round.
Dwight Howard deliberately threw an elbow that connected with the side of Samuel Dalembart's head. Howard was given a technical foul and subsequently suspended from the following game.
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The rules state any elbow, whether intentional or unintentional, that lands above the shoulders of another player is grounds for expulsion... So, should Kobe be suspended for the next game? I don't think so, Artest was all over Kobe and they were both Jockeying for position. They were both being very physical on that play, don't think you can really call any foul/technical/suspension.