Brimage v. State

I agree that the search and seizure conducted by the police at Appellant’s home violated his constitutional rights. However, the plurality further holds that the evidence was sufficient to support Appellant’s capital murder conviction based on kidnapping, under their interpretation of § 20.03 of the Texas Penal Code. Because I cannot agree with the plurality’s construction of the Texas kidnapping statute, I am compelled to dissent.

I

Based upon a convoluted and strained reading of Penal Code § 20.03, the plurality holds that no significant degree of movement is required to support the offense…