Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Dewalt v. State

The facts in the case negate, as a matter of law, the sort of "emergency situation" necessitating a "split-second decision made without time to consider the law" that distinguishes "imminent harm" and can raise a necessity defense. Instead, the evidence reflects a calculated decision by appellant before, during, and continuing for years after her trial to ignore and avoid the law. Consequently, the district court did not err in holding that appellant could not raise a necessity defense and did not abuse its discretion in excluding evidence she sought to present to prove that defense. Austin Court of Appeals, No. 03-06-00454-CR, 01-22-2010

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

After a Comal County jury awarded sole managing conservatorship of her five year-old son to his father–her ex-husband–rather than her, appellant Suzanne Kearns Dewalt fled with the child to Mexico. Almost three years later, Dewalt was apprehended in that country and returned with the child to Comal County. She was subsequently indicted for the offense of aggravated kidnapping. Another Comal County jury found her guilty and assessed punishment at five years’ imprisonment and a $10,000 fine. In four issues on appeal, Dewalt argues that the district court abused its discretion in excluding evidence to the effect that she acted as a “protective mother” in fleeing the jurisdiction based on her belief that her ex-husband would harm the child. Dewalt also complains that the district court abused its discretion in limiting her voir dire, that she is entitled to an instructed verdict because proof of the elements used to aggravate her kidnapping charge “were subsumed within the proof of the underlying offense,” and that the State failed to meet its burden of proving venue in Comal County. We will affirm the judgment of conviction.

BACKGROUND

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›
Associate Justice- Appellate Division, Palau Supreme Court

The Republic of Palau Judiciary is seeking applicants for one Associate Justice position who will be assigned to the Appellate Division of ...


Apply Now ›
ATTORNEY - REMOTE - NEW YORK

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:


Apply Now ›
Go to Lawjobs