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United States v. Ivy
United States Court of Appeals for the Fifth Circuit
929 F.2d 147 (1991)
The federal government (plaintiff) prosecuted Charles Ivy (defendant) for interstate kidnapping. The trial evidence established that Ivy lay in wait for the return of his estranged wife, Patricia Ivy, at her Mississippi home. Patricia was on a date with Alvin King. When the couple returned, Ivy shot and killed King and pistol-whipped Patricia. Patricia regained consciousness, and Ivy ordered her to drive him to a relative's home where, unknown to Patricia, Ivy disposed of his pistol. Charles drove Patricia back to her home, where she retrieved her stash of cocaine, and the couple crossed the state line into Tennessee, where they spent the night at a motel. They spent the next two days at the home of Ivy 's sister, Ruthie Johnson, and her family. Despite many opportunities, Patricia neither sought to escape nor asked the Johnsons for help. The Ivys then spent two days traveling through neighboring states, until Patricia finally escaped and called police. Several times during these days, Patricia consented to having sex with Ivy. Patricia testified that she delayed her escape, never sought the Johnsons' help, and had consensual sex with Ivy because Ivy had mentally abused and beaten her throughout their marriage, and she feared for her and her daughter's lives. The jury convicted Ivy, and he appealed to the Fifth Circuit Court of Appeals, contending that Patricia willingly accompanied him across state lines.
Rule of Law
Holding and Reasoning (Davis, J.)
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