Court of Criminal Appeals of Texas
Berry v. State of Texas, 74,913
Defendant's conviction for capital murder of her baby is affirmed over claims of error regarding: 1) the sufficiency of the evidence; 2) admission of evidence; and 3) jury argument. However, her death sentence is reformed to a sentence of life imprisonment where the state did not meet its burden of proving beyond a reasonable doubt that there was a probability that defendant, if allowed to live, would commit criminal acts of violence in the future so as to constitute a continuing threat, whether in or out of prison.
Appellate Information
- Decided 05/23/2007
- Published 05/23/2007
Judges
Court
- Court of Criminal Appeals of Texas
Counsel
- For Appellant:
- Douglas M. Barlow, David W. Barlow, Beaumont, for Appellant., Rodney D. Conerly, Assistant Criminal District Atty., Beaumont, Matthew Paul, State's Atty., Austin, for State.