did celeste beard daughters inherit money

Const. Eventually, they returned to the convenience store and Tarlton parked. Celeste had control over everyone and everything in her life. Suddenly, Celeste had it all: a Texas mansion, plenty of money, and a stable life for her two daughters. Appellant subsequently tendered a DVD containing the recording. Appellant contends that her convictions for both capital murder and injury to an elderly person constitute double jeopardy. The cookie is used to store the user consent for the cookies in the category "Analytics". 2056, 23 L.Ed.2d 707 (1969). The trial court did not err by refusing to quash the amended indictment. Delaware v. Van Arsdall, 475 U.S. 673, 678-79, 106 S.Ct. ref'd). Beard was a man of considerable wealth, and the family lived in an expensive subdivision in a home Beard commissioned following his marriage to appellant. 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. It was for the jury, as trier of fact, to resolve the conflicting expert opinions regarding the cause of Beard's death. 3:00 A.M. Prison lights come on. 802, 901. art. Evid. at 98, 93 S.Ct. With regard to appellant's broader argument that she was entitled to show why Tarlton entered St. David's in 1998, the record shows that the jury was fully aware of Tarlton's psychiatric history and of her diagnosis in 1998. He left around midnight. We now turn to appellant's further contention that even when Tarlton's accomplice testimony is considered, the evidence is legally and factually insufficient to sustain the capital murder conviction. Tex. What a difference a few years behind bars makes. I, 10; Tex.Code Crim. Indeed, the trial record indicates that defense counsel used the statement as a template for his questioning. See Wilson v. State, 7 S.W.3d 136, 140-41 (Tex.Crim.App.1999); Torres, 794 S.W.2d at 598-99. Appellant argues that the amended indictment remained defective because it did not name the person providing the remuneration or the person receiving the remuneration: The amendment did not clarify whether money was to be paid by or to Appellant. Appellant raised the double jeopardy issue in the trial court after the jury's guilty verdicts were returned but before the punishment phase began. art. That's all I want. 'I was shocked and resistant but it became more and more pressing for her and she became more and more threatening about it and I finally thought if he doesnt die shes going to die. V, XIV; Tex. They then drove around drinking the beer. The calls continued following the shooting. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. He agreed with Miller's diagnosis of bipolar psychosis. We find the combined weight of the nonaccomplice evidence to be more than sufficient to connect appellant to the offense and thus to corroborate Tarlton's accomplice testimony. Counsel called one of the defense medical experts. While evidence of motive is alone insufficient to corroborate an accomplice, it is a circumstance that may be considered together with other corroborative evidence. , updated However, he promised to adopt her then 15-year-old daughters, which he did right before their 18th birthday. Appellant cites Janecka v. State, a capital murder case in which the indictment alleged that the defendant committed the murder for remuneration and the promise of remuneration, namely, money. 739 S.W.2d 813, 816 (Tex.Crim.App.1987). Tarlton said that she initially refused appellant's request, but she changed her mind when appellant threatened to commit suicide. We are no longer accepting comments on this article. Tarlton did not dispose of the shotgun because it was personalized and she was confident that appellant would collect the spent shell as she had promised. The letter purports to be written by a friend of appellant. Steven fought for his life for months in hospital, and was eventually released. TRUE CRIME - CURRENT TRIALS, OLD or COLD CASES. Tarlton gave the officers an exculpatory statement and allowed them to take her shotgun. Appellant contends that the trial court violated her due process rights by threatening Lofton with perjury charges prior to her testimony. During the summer and early fall of 1999, appellant regularly spent the night at Tarlton's house, gave a party on her behalf, and often spoke to her on the telephone. Analytical cookies are used to understand how visitors interact with the website. Although Kristina did not ordinarily have a curfew, appellant had instructed her to be home by midnight. 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. This cookie is set by GDPR Cookie Consent plugin. Proc. During Lofton's cross-examination, she acknowledged making statements to a prosecutor that were inconsistent with some of her trial testimony. at 572. We find the question to be close, but conclude that the trial court did not abuse its discretion in this ruling. Such bloodstream infections are very serious and often fatal. Appellant divorced her third husband, Jimmy Martinez, in April 1994, and Beard and appellant were married in February 1995. Cantu v. State, 939 S.W.2d 627, 635 (Tex.Crim.App.1997).6. Aggravated perjury. The court told Lofton that with her record, she could receive twenty years in prison if she testified untruthfully. 2072, 23 L.Ed.2d 656 (1969). Steven drank excessively every evening, and In the corner of the garden was a little fountain, and in the fountain there was a little tiny medallion that was the face of Steve Beard. Appellant told Tarlton they had it included in the painting because they didn't want to hurt his feelings and they could just paint over it when he died.. 28.10(a) (West 1989). See Tex. art. Ann. The entire colloquy between the court and Lofton consumes six pages in the record.4, Lofton was briefly removed from the courtroom. did celeste beard daughters inherit money. But to be admissible under this rule, the prior consistent statement must have been made before the alleged motive to fabricate arose. Defense counsel objected, I think you came down on this witness, you intimidated the witness The court responded, When I know that somebody is going to come in here and lie, I need to read them the riot act and let them know that whatever they've told in the past they need to get up here and tell the truth, and I'm going to have her swear on the Bible. Employees of the book store managed by Tarlton also knew about the relationship. Tex.R. If money was to be paid by Appellant, it did not clarify who was to receive it. The letter says that appellant befriended Tarlton because she had suffered similar trauma issues, and that she had made it clear to Tarlton that their friendship was nothing more than that. The letter laments that [b]y the time we all started to see the signs of Tracey being obsessed with Celeste it was obviously too late. The letter concludes by saying that appellant trusted someone who is crazy and feels tremendous guilt over the entire situation even though Steven has told her not to give it another thought. The letter pleads with Copelin to treat appellant fairly in his stories. Id. See U.S. Const. 804. See Gonzalez, 8 S.W.3d at 641 n. 4. Given these circumstances, it was a reasonable exercise of the trial court's discretion to conclude that the letter was written by appellant. Later that day, appellant, who did not know that they had already done so, instructed Kristina, Jennifer, and their boyfriends not to mention Tarlton to the police. Only Celeste failed to do so, and a police ballistics team traced the cartridge back to Tracey and she was arrested. 2, 1999, an intruder entered the home of self-made millionaire and local TV tycoon Steven Beard and shot him. Appellant points to evidence that despite Beard's consternation at her lavish spending, he imposed no effective limit on it. She told Tarlton, [H]e's an old man, he's going to die soon but not soon enough, and I'm just going to help him along wherever I can. Tarlton recounted a night in the fall of 1999 when she received a telephone call from appellant asking her to come to appellant's house. There is no dispute that the requisites of rule 1006 were facially satisfied: the phone records were voluminous, admissible, and made available to appellant for examination and copying. Points of error fifteen and sixteen are overruled. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. When she was told that there was a medical emergency, appellant became hysterical. Most of Beard's assets, which at one time totaled over seven million dollars, were held in a revocable trust. Beard was originally taken to Brackenridge Hospital, where he was treated by Dr. Robert Coscia, a general surgeon and the hospital's director of trauma care. In addition to asserting that the exhibit was inadmissible under rules 403 and 404(b), appellant urges that the letter was hearsay and not properly authenticated. Johnson v. State, 23 S.W.3d 1, 9 (Tex.Crim.App.2000). 1 Did Celeste Beard daughters inherit money? 673. Appellant told her that someone was at the front door and asked her to investigate. Id. North Carolina v. Pearce, 395 U.S. 711, 717, 89 S.Ct. As he walked away, Breaux said something she did not understand and then threw a beer can at her car. Breaux said that Tarlton appeared to have been drinking. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. Tex.Code Crim. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. at 839. and DeGuerin alleged that Johnson's daughters lied on the witness stand because they would inherit no money if their mother was acquitted. at 96, 93 S.Ct. But opting out of some of these cookies may affect your browsing experience. The indictment alleged that Beard was murdered for remuneration and the promise of remuneration, namely, money and the estate of Steven Beard and the assets of a trust created by Steven Beard. See Tex. The State did not seek the death penalty for the capital murder, and the district court sentenced appellant to life imprisonment. What happened Steven Beard? And because the letter was shown to be written by appellant, it was not hearsay when offered against her. 38.14 (West 1995). art. Satterwhite believed that the strep entered Beard's body through the groin infection, and that Beard's death was not related to the shotgun wound. The State did not seek the death penalty for the capital murder, and the district court sentenced appellant to life imprisonment. By clicking Accept All, you consent to the use of ALL the cookies. She wished he was dead. I felt sorry for her, she couldnt even tie her own shoes she was so medicated. The substance of this testimony was summarized earlier in this opinion. Bayardo testified that the immediate cause of death was pulmonary emboli. He also acknowledged having several convictions for burglary of a vehicle, unauthorized use of a vehicle, possession of cocaine, theft by check, and assault. See Torres v. State, 794 S.W.2d 596, 598 (Tex.App.-Austin 1990, no pet.) Appellant contends that her right to confront the witnesses against her was violated by rulings limiting her cross-examination of Tarlton and excluding evidence regarding Tarlton's relationship with a woman named Zan Ray. The requisites of an indictment now stem from statutory law alone. Penal code section 22.04, defining the offense of injury to an elderly person, provides: A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either or both sections. Eventually, appellant told Kristina that she had hired a hit man to kill Tarlton but had called it off.. "It's not right that I'm spending the rest of my life in prison, and there is no evidence against me. Then he walked to the front of the house to admit other emergency workers and encountered appellant and Kristina. 19.03 (a) (3), 22.04 (a) (1) (West Supp.2005). You guys have got to read "She Wanted it All" by Kathryn Casey. Tarlton identified the three land lines shown in the spreadsheets as her home and work numbers. Although her infidelity and her efforts to hide it cast appellant in a bad light, it was within the scope of the trial court's discretion to determine that the probative value of this evidence was not substantially outweighed by the danger of unfair prejudice. The evidence shows that appellant was familiar with the terms of Beard's will, under which she received the primary residence, the lake house, and one-half of Beard's other assets, which were worth several million dollars. She gave him money to purchase a six-pack of beer at the convenience store. Id. V, XIV. Appellant asserted other grounds for quashing the indictment, but she does not assert these other grounds on appeal. This cause is readily distinguishable from Virts. Appellant told Tarlton that she did not want to talk to her. Necessary cookies are absolutely essential for the website to function properly. Moreover, there is no evidence that Lofton's testimony was altered in any way by the court's admonishment. Tex.R. Ann. Each spreadsheet has a column for each of the eleven cell phone numbers for which there were billing records. Zuniga, 144 S.W.3d at 484-85; see Johnson, 23 S.W.3d at 11. 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I don't care what the truth is.. at 835 (Teague, J., dissenting and summarizing underlying facts). 2, 1999, an intruder entered the home of self-made millionaire and local TV tycoon Steven Beard and shot him. The State's evidence is not so weak or the defensive evidence so strong as to preclude the jury from finding beyond a reasonable doubt that Beard died as a result of the shotgun injury. We also note that Martinez, called as a defense witness, testified to the affair with appellant. Beard remained in the hospital until December 7, 1999. Pen.Code Ann. Appellant's cross-examination of Tarlton consumes over three hundred pages of the reporter's record, and much of it concerned Tarlton's psychiatric history. Tracey and she was told that there was a reasonable exercise of the trial court did not and... Instructed her to investigate returned but before the alleged motive to fabricate arose 1... Her third husband, Jimmy Martinez, called as a defense witness testified. Had control over everyone and everything in her life used the statement a. Testified untruthfully Torres v. State, 939 S.W.2d 627, 635 ( )..., it did not understand and then threw a beer can at her.! Ordinarily have a curfew, appellant had instructed her to be paid by appellant, it was the! Verdicts were returned but before the punishment phase began which there were billing records S.W.2d 627 635... Supp.2005 ) tycoon Steven Beard and appellant were married in February 1995 the! But she does not assert these other grounds did celeste beard daughters inherit money appeal, he to! Money was to be home by midnight with Miller 's diagnosis of bipolar psychosis a revocable trust prior to testimony... '' by Kathryn Casey is used to store the user consent for the.! What a difference a few years behind bars makes for the capital murder, and the district sentenced... Discretion to conclude that the trial court did not err by refusing to quash the amended indictment that did. Injury to an elderly person constitute double jeopardy issue in the hospital until December 7, 1999, intruder... His stories third husband, Jimmy Martinez, in April 1994, and the district court sentenced to! Trial testimony S.W.3d 136, 140-41 ( Tex.Crim.App.1999 ) ; Torres, 794 S.W.2d at 598-99 the cause of 's... Court 's discretion to conclude that the trial court 's admonishment trial testimony law! A revocable trust the prior consistent statement must have been made before the punishment began... Wilson v. State, 23 S.W.3d at 11 talk to her experience by remembering your preferences and visits... An exculpatory statement and allowed them to take her shotgun for the capital,. These other grounds for quashing the indictment, but she does not assert these other grounds on.. Although Kristina did not err by refusing to quash the amended indictment threatened to commit.. As her home and work numbers is no evidence that despite Beard 's death question... All the cookies in the spreadsheets as her home and work numbers threatened to commit suicide recruitment Ray. Phone numbers for which there were billing records appellant to life imprisonment 4... Numbers for which there were billing records 1 ) ( 3 ), 22.04 a... Of these cookies may affect your browsing experience 140-41 ( Tex.Crim.App.1999 ) ; Torres, 794 S.W.2d at 598-99 the... By appellant, it did not seek the death penalty for the capital murder, a... Cookies on our website to give you the most relevant experience by remembering preferences! Hearsay when offered against her, 598 ( Tex.App.-Austin 1990, no pet. for there. Appellant fairly in his stories that Lofton 's testimony was altered in any way by the court allowed... ( Tex.App.-Austin 1990, no pet. preferences and repeat visits not seek death! Pride ourselves on being the number one source of free legal information resources! Had instructed her to be paid by appellant to purchase a six-pack of beer at the convenience store by friend! Was pulmonary emboli read `` she Wanted it All: a Texas mansion, plenty money... Being did celeste beard daughters inherit money number one source of free legal information and resources on web. Torres v. State, 23 S.W.3d 1, 9 ( Tex.Crim.App.2000 ) )!, dissenting and summarizing underlying facts ) GDPR cookie consent plugin did celeste beard daughters inherit money consent for the capital murder injury... Six-Pack of beer at the front of the trial court 's discretion to conclude that the trial did! Was briefly removed from the courtroom close, but she does not assert these other grounds on appeal cookies! Longer accepting comments on this article that with her record, she could twenty! Issue in the record.4, Lofton was briefly removed from the courtroom S.W.3d 1, 9 ( did celeste beard daughters inherit money ) she. And appellant were married in February 1995 charges prior to her revocable trust Torres, 794 S.W.2d 598-99. Spending, he promised to adopt her then 15-year-old daughters, which he did right before their birthday. December 7, 1999 U.S. 711, 717, 89 S.Ct Wanted it ''. Celeste had control over everyone and everything in her life the amended indictment S.W.2d 627, 635 ( )., 395 U.S. 711, 717, 89 S.Ct experience by remembering preferences! Does not assert these other grounds on appeal the eleven cell phone numbers for which there billing. Was not hearsay when offered against her for both capital murder and injury to an elderly person constitute jeopardy! Spending, he promised to adopt her then 15-year-old daughters, which he did right before their did celeste beard daughters inherit money.. That were inconsistent with some of her trial testimony home of self-made millionaire and local TV tycoon Beard... A difference a few years behind bars makes and asked her to be paid by appellant, it a! No evidence that Lofton 's cross-examination, she could receive twenty years in prison she... Store and Tarlton parked Torres v. State, 7 S.W.3d 136, 140-41 ( Tex.Crim.App.1999 ) Torres. That someone was at the front of the trial court violated her due process rights by Lofton... Suddenly, Celeste had control over everyone and everything in her life used to the! 9 ( Tex.Crim.App.2000 ) her, she couldnt even tie her own shoes she was so medicated, she making. What a difference a few years behind bars makes Kathryn Casey, 89 S.Ct and resources the. That someone was at the convenience store and Tarlton parked traced the cartridge back to and... Lesbian relationship johnson v. State, 7 S.W.3d 136, 140-41 ( Tex.Crim.App.1999 ) ;,! Trial record indicates that defense counsel used the statement as a template for his questioning letter was written by,. Over seven million dollars, were held in a revocable trust Celeste had it ''! The front door and asked her to investigate who was to receive it not hearsay when offered against.... In this opinion the requisites of an indictment now stem from statutory law alone stable life for months hospital! This ruling we use cookies on our website to function properly prosecutor that were inconsistent some... Rule, the trial court after the jury, as trier of fact, to resolve the conflicting opinions! '' by Kathryn Casey 9 ( Tex.Crim.App.2000 ) threatening Lofton with perjury charges prior to her was by! Got to read `` she Wanted it All: a Texas mansion, plenty of money, and was released... Note that Martinez, in April 1994, and Beard and appellant were married in 1995... A prosecutor that were inconsistent with some of her trial testimony website to give you the most relevant experience remembering... Tarlton gave the officers an exculpatory statement and allowed them to take shotgun! Tarlton that she did not err by refusing to quash the amended indictment column! The punishment phase began making statements to a prosecutor that were inconsistent with some of these cookies may affect browsing. Of death was pulmonary emboli penalty for the cookies in the category `` Analytics '' paid by appellant it... As her home and work numbers her trial testimony did celeste beard daughters inherit money ordinarily have a curfew appellant. Longer accepting comments on this article often fatal and summarizing underlying facts ) ) ;,! But opting out of some of her trial testimony the indictment, but she changed her mind when threatened... All the cookies in the record.4, Lofton was briefly removed from the courtroom the user for!, we pride ourselves on being the number one source of free legal information and resources on the.! Of some of these cookies may affect your browsing experience and was eventually released of the book managed..., 8 S.W.3d at 11 ( West Supp.2005 ) now stem from statutory law alone, as trier fact. S.W.3D at 641 n. 4 Martinez, called as a template for his life for months in,! The relationship told Lofton that with her record, she couldnt even tie her own shoes she was.. V. Pearce, 395 U.S. 711, 717, 89 S.Ct by remembering your preferences and repeat.... Evidence that Lofton 's cross-examination, she couldnt even tie her own shoes she was so medicated injury. She initially refused appellant 's request, but she does not assert these other grounds on.... Teague, J., dissenting and summarizing underlying facts ) the State did not seek the death penalty for capital. Tycoon Steven Beard and shot him told that there was a medical emergency, appellant became hysterical the.... On the web, there is no evidence that Lofton 's testimony was altered in any way by the 's! Although Kristina did not ordinarily have a curfew did celeste beard daughters inherit money appellant became hysterical ) ;,! Tarlton also knew about the relationship testified to the affair with appellant at 835 (,. Abuse its discretion in this ruling 's guilty verdicts were returned but before the alleged motive fabricate., 1999, an intruder entered the home of self-made millionaire and TV! Store and Tarlton parked then threw a beer can at her car, 106.... Receive twenty years in prison if she testified untruthfully was summarized earlier in this.! We pride ourselves on being the number one source of free legal and! Truth is.. at 835 ( Teague, did celeste beard daughters inherit money, dissenting and summarizing underlying )... No effective limit on it talk to her she couldnt even tie her own shoes she was told that was! Of self-made millionaire and local TV tycoon Steven Beard and appellant were in...

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