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Brown v. State

Citations

  • 98 S.W.3d 180
  • 2003 Tex. Crim. App. LEXIS 36
  • 2003 WL 292015

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the undefined term “voluntarily” in section 20.04(d) of the Penal Code is ambiguous because it is susceptible to different meanings
  • explaining that a defendant does not “voluntarily release[] the victim in a safe place” in the context of Section 20.04(d) if the victim is rescued or escapes
  • explaining that a defendant does not \voluntarily release[] the victim in a safe place\ in the context of Section 20.04(d) if the victim is rescued or escapes
  • explaining that interpreting the word “voluntary” in section 20.04(d) “is 7 likely to effectuate the legislative purpose of Section 20.04(d) of encouraging kidnappers to release their kidnap victims”
  • noting that the primary concern for the statute was the victim’s safety and considering examples such as a victim tied to railroad tracks or being left in twenty-degree weather in the snow
  • holding action cannot be voluntary where element of rescue by police exists

Source: CourtListener parenthetical corpus (CC0).

Judges: Hervey, Keller, Meyers, Price, Womack, Johnson, Keasler, Holcomb, Cochran

Read full opinion on CourtListener

Cited by

48 cases in this archive cite this case; the 20 most cited are listed.

Cites

14 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.