Ballard v. State
66 So. 3d 912
| Fla. | 2011Background
- Ballard challenged a first-degree murder conviction and death sentence; Florida Supreme Court reviews the death sentence after affirming conviction.
- Autumn Traub disappeared September 13, 2006; Ballard, her stepfather, had custody of Suny, Autumn’s daughter; Ballard sought custody and engaged in a sexual relationship with Suny.
- Evidence showed Ballard bought an eighteen-inch pipe and duct tape before the crime; DNA from blood in Ballard’s trunk matched Autumn; a sex toy with Suny’s DNA was found in the trunk.
- Ballard gave a taped statement admitting buying duct tape but claimed unclear purpose for the pipe; Needham testified Ballard admitted beating Autumn and other acts to hide/dispose of her.
- Witnesses described Ballard’s relationship with Suny; the State argued this collateral conduct showed motive and was intertwined with the charged crime.
- The trial court convicted Ballard of first-degree murder and sentenced him to death; the Supreme Court affirms the conviction but vacates the death sentence and imposes life imprisonment without parole.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Collateral crime evidence admissibility | Ballard | State | Collateral crime evidence admissible to show motive and context; no abuse of discretion. |
| CCP aggravator sufficiency | Ballard | State | CCP established by totality of circumstances; evidence supports the aggravator. |
| Proportionality of death sentence | Ballard | State | Death sentence disproportionate; sentence vacated and reduced to life without parole. |
Key Cases Cited
- Williams v. State, 110 So.2d 654 (Fla.1959) (test for relevancy in collateral evidence)
- Hodges v. State, 885 So.2d 338 (Fla.2004) (discretion in collateral crime evidence admissibility)
- Sexton v. State, 697 So.2d 833 (Fla.1997) (limits on admissibility of similar-fact evidence)
- LaMarca v. State, 785 So.2d 1209 (Fla.2001) (balancing probative value against prejudice for collateral evidence)
- Pearce v. State, 880 So.2d 561 (Fla.2004) (CCP aggravator proof via circumstantial evidence)
- Jackson v. State, 648 So.2d 85 (Fla.1994) (definition of cold and calculated in CCP)
- McWatters v. State, 36 So.3d 613 (Fla.2010) (standard for reviewing CCP aggravator)
- Pearce v. State, 880 So.2d 561 (Fla.2004) (CCP aggravator standard)
- Diaz v. State, 860 So.2d 960 (Fla.2003) (proportionality framework in death cases)
- Morton v. State, 789 So.2d 324 (Fla.2001) (weight of aggravators vs. mitigators)
- LaMarca v. State, 785 So.2d 1209 (Fla.2001) (death sentences affirmed with single aggravator in some cases)
- Ring v. Arizona, 536 U.S. 584 (2002) (not a Ring error; (addressed as moot on remand))