Goodson testified that appellant slept all day and partied all night. Goodson accompanied appellant on her frequent visits to Austin night spots and said that appellant became involved with several men, including a bartender named Cole Johnson who appellant later married. Const. The Supreme Court held that the judge's threatening remarks, directed alone at the single witness for the defense, effectively drove that witness off the stand, and thus deprived the petitioner of due process of law under the Fourteenth Amendment. Id. We will first describe the spreadsheets in greater detail, then address each of the alleged inaccuracies. Tarlton testified that appellant spent the night at Tarlton's house several times a week. There is no possibility that Tracy snuck in and killedCeleste's husband without her full knowledge and approval, if not at her command. Appellant made additional payments to Goodson of $2500, $2500, and $7460. To the contrary, the amendment served to satisfy appellant's motion to quash demanding greater notice regarding the remuneration element. on reh'g). Breaux testified outside the jury's presence that on September 16, 1998, he was standing in front of a convenience store waiting for a bus when Tarlton stopped and offered him a ride in her car, which he accepted. A family photo showing Steven Beard, Celeste Beard and her daughters Kristina and Jennifer. The trial court overruled appellant's rule 404(b) objection to this testimony on the ground that it was relevant to show motive. A jury found Celeste Beard Johnson guilty of capital murder. Steven had managed to make a 999 phone call after the shooting and was taken to hospital, but three months later he developed a blood clot as a result of the gunshot wound and died - the case then became a homicide. Eventually, appellant told Kristina that she had hired a hit man to kill Tarlton but had called it off.. This cookie is set by GDPR Cookie Consent plugin. Appellant told her that someone was at the front door and asked her to investigate. Perhaps it was their love of construction that brought them together. The court ruled that this testimony was relevant to show appellant's consciousness of guilt and that its probative value outweighed any unfair prejudice. But so long as he lived, Beard was free to change his will to leave appellant only the additional $500,000 to which she was entitled under the marital agreement, or to give appellant the remaining $500,000 during his lifetime and bequeath her nothing. ref'd). Necessary cookies are absolutely essential for the website to function properly. Appellant contends that the evidence is legally and factually insufficient to prove that Beard was murdered by shooting him with a firearm as alleged in the indictment. 351. In a prosecution in which an actor's criminal responsibility is based on the conduct of another, the actor may be convicted on proof of commission of the offense and that she was a party to its commission. The trustee testified that appellant's trust was depleted within six months of its creation. She also had the additional conviction of injury to an elderly individual levied on her. The focus is on the actor's intent or state of mind: did she kill in the expectation of receiving some financial benefit or compensation? Corroboration is not sufficient if it merely shows the commission of the offense. When Tarlton got there, she saw Beard unconscious at the dining room table. In fact, appellant was shown to have regularly tampered with Beard's food and drink in a manner that was dangerous to his health. The anomaly identified by appellant goes to the accuracy of the billing records themselves-an issue that is not before us-rather than to the accuracy of the spreadsheet summaries of the billing records. About a week after Beard's funeral, appellant went to Dallas to speak to bank officials. As time passed and Tarlton was not killed, appellant began to pressure Goodson. The State's hearsay objection was sustained. Cozart testified that appellant asked her to lie for her if Beard were to find out about the affair. 804. Stay up-to-date with how the law affects your life. We hold that the trial court's perjury admonishment did not violate appellant's due process rights because it had no effect on Lofton's trial testimony. Appellant makes the same arguments with respect to Tarlton's encounter with a man named Reginald Breaux. 2072, 23 L.Ed.2d 656 (1969). The court ruled, I will allow you to ask if she went into St. David's because of the breakup of her relationship with Zan Ray. The court also allowed appellant to cross-examine Tarlton regarding her alleged recruitment of Ray into a lesbian relationship. You guys have got to read "She Wanted it All" by Kathryn Casey. Evid. Tracey says of their time together: 'In St Davids she was vivacious, funny, she was the belle of the ball. bu. Appellant contends that the evidence is legally and factually insufficient to sustain the guilty verdicts, and that the two convictions constitute double jeopardy. Appellant suggested that Tarlton shoot Beard in the stomach, as that would be less messy. Other testimony shows that this was the so-called secret cell phone discovered in appellant's car on the day Beard died and later seen in appellant's possession. 402, 403. The admission of this testimony was not an abuse of discretion. 38.14 (West 1995). This inference is also supported by evidence that by April 2000, the twins were estranged from appellant and no longer lived or communicated with her. Appellant asserts that [a]t a minimum, remuneration implies an increase rather than a decrease in existing benefits.. Instead, there is evidence linking each telephone number to the person identified. These cookies will be stored in your browser only with your consent. Appellant contends that the trial court erred by permitting the State to cross-examine Martinez regarding the details of his divorce from appellant. Appellant and Kristina followed Beard to the hospital, where they were joined by Jennifer and Doose who drove in from the lake house. Appellant told Tarlton that she dreaded the trip and feared that Beard's emotional abuse would cause her to kill herself while on the trip. I want to first say I don't condone murder in any way. I, 10.5 She relies on the opinion in Webb v. Texas, 409 U.S. 95, 93 S.Ct. Appellant told Tarlton that she did not want to talk to her. Ray said that she had never before had a sexual relationship with a woman, and she described her relationship with Tarlton as trauma bonding. Ray said that the relationship ended about one year after it began when Tarlton resumed drinking and was arrested for assault. A jury found appellant Celeste Beard Johnson guilty of capital murder and injury to an elderly individual. Point of error twenty-three is overruled. Finding the evidence sufficient to corroborate the accomplice witness testimony, we overrule points of error four through nine. Tarlton testified that she entered St. David's Pavilion in February 1999 for treatment of a bipolar disorder. did celeste beard daughters inherit money. Although appellant told Tarlton that she had not married Beard for his money, she once told Tarlton that she did not divorce Beard because she would only get $500,000. Viewing the evidence in the light most favorable to the verdict, a rational trier of fact could find beyond a reasonable doubt that appellant solicited, encouraged, and aided Tarlton to kill Beard in order to secure Beard's assets and estate under the existing will. The jury awarded Celeste Beard a life imprisonment sentence in 2003. Please try again. Beard himself made the call to 911 for help, telling the operator my guts are in my hands. After lingering in the hospital for nearly four months, Beard died of complications from his gunshot wound. It does not store any personal data. If he got mad at me about spending too much money, it didnt last very long.'. With an exception not applicable here, the credibility of a witness may not be impeached by proof of specific instances of conduct. 2056, 23 L.Ed.2d 707 (1969). Thus, argues the State, the letter was relevant to show appellant's consciousness of guilt. Although Kristina did not ordinarily have a curfew, appellant had instructed her to be home by midnight. She argues that Beard's death was the result of an infection unrelated to the shooting. But this argument has no merit because appellant's objection came before the punishment phase began. The court also did not abuse its discretion by concluding that the probative value of the evidence outweighed the danger of unfair prejudice. Proc. Nor did the amendment prejudice any substantial right. Kristina went to the front of the house and looked outside. If money was to be paid to Appellant, the amendment did not clarify who the payer was. Points of error ten and eleven are overruled. Appellant was deposed by counsel for the plaintiffs in August 2000. They are a little twisted from being the unfortunate offspring of Celeste, but they are victims. He testified that the shotgun wound was doing quite well, and there was no reason to suspect that he would die of that at all. Petty agreed with Satterwhite that Beard's death was caused by septic shock resulting from the streptococcal infection. V, XIV. North Carolina v. Pearce, 395 U.S. 711, 717, 89 S.Ct. See Wilson v. State, 7 S.W.3d 136, 140-41 (Tex.Crim.App.1999); Torres, 794 S.W.2d at 598-99. 2, 1999, an intruder entered the home of self-made millionaire and local TV tycoon Steven Beard and shot him. The State contends that appellant's objection came too late and that the double jeopardy issue was not preserved for appeal. Beard made plans to spend three weeks in Europe with appellant in October 1999. 1. One of the exceptions is for the testimony of a witness at another hearing of the same or a different proceeding. The letter purports to be written by a friend of appellant. At the same time, a trial court has discretion with respect to the extent of cross-examination and the admission of evidence generally, and its decision will not be disturbed absent a clear abuse of discretion. Celeste established a plan; a disguised Tracey would enter the house and shoot Stephen as he slept, and Celeste would get rid of the shotgun cartridge. ; see Tex.Code Crim. Contrary to appellant's argument, the identification of the various telephone numbers with a particular person in the spreadsheets was not merely the State's interpretation of the billing records. Tracy was an ignorant pawn in her game. Tarlton testified that the other cell phone billed to her was purchased in January 2000 after appellant's daughters changed all of the Beard telephone numbers. This brief summary of the expert testimony demonstrates that appellant was given a full opportunity to offer evidence regarding the mental-health issues relevant to Tarlton's credibility as a witness. On January 19, appellant called Dr. Coscia to complain about the quality of care Beard had received at HealthSouth. 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