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(Download) "Ballard V. State" by In the Court of Appeals Sixth Appellate District of Texas at Texarkana " eBook PDF Kindle ePub Free

Ballard V. State

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eBook details

  • Title: Ballard V. State
  • Author : In the Court of Appeals Sixth Appellate District of Texas at Texarkana
  • Release Date : January 08, 2005
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

In an unusual sequence of events, Nicholas Duran Ballard kidnapped his former girlfriend, Leigh Anne Lambeth, at gunpoint, forced her to accompany him to his house, had admittedly consensual sex with her, and then asked her to accompany him in a car on a local bill-paying trip---even leaving her alone in the passenger seat of the car two times during the trip while he went into businesses to pay bills. This appeal, after a somewhat labyrinthine path through the courts,*fn1 involves solely Ballard's complaint that, tried for aggravated kidnapping, he failed to get a reduced punishment under Section 20.04(d) of the Texas Penal Code because the trial court failed to find that Ballard voluntarily released Lambeth in a safe place.*fn2 Ballard challenges the sufficiency of the evidence to support the trial court's finding. We find the evidence sufficient and therefore affirm. To explain how we reach that conclusion, this opinion addresses (1) the standards and scope of our review; (2) whether, under Section 20.04(d), one "releases" his or her kidnapping victim by just making it easy for him or her to escape, or, in other words, reduces the restraints on the victim; and (3) the sufficiency of the evidence.


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