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Ballard v. State

The defendant stabbed her boyfriend in the abdomen with a knife during an argument and the victim died of his wounds.

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Cora Ballard was convicted in 2005 of malice murder, felony murder, and aggravated assault in connection with the stabbing death of Michael Henderson.1 Ballard appeals, arguing that her trial counsel rendered ineffective assistance by failing to pursue a battered woman syndrome defense, and that the evidence was insufficient to sustain her convictions. Finding no merit to these contentions, we affirm. 1. The evidence presented at trial showed that in the spring of 2004, Ballard and her boyfriend Henderson were staying at the home of Donna Bagley. The couple frequently argued, abused alcohol, and engaged in physical altercations. On April 20, 2004, Henderson and Ballard were vehemently arguing in Bagley’s living room. Michelle Bagley, Donna’s 12-year-old daughter, witnessed Ballard go into the kitchen and retrieve a knife from the shelf. Ballard hid the knife under her shirt and returned to the living room, where she resumed her argument with Henderson and struck him with her fist. Henderson, who was sitting in a chair, kicked Ballard in the eye. In full view of Donna and Michelle Bagley, Ballard then pulled out the knife and stabbed Henderson in the abdomen. Donna Bagley called the police, who retrieved the knife from the garbage can where Ballard had discarded it. Henderson died from his wounds in the hospital.

After reviewing the evidence in the light most favorable to the jury’s verdict, we conclude that there was sufficient evidence for a rational trier of fact to find Ballard guilty of the crimes for which she was convicted.2

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