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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.

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