Because appellant's civil deposition was not hearsay when offered against her, rule 804(b)(1) was inapplicable and any noncompliance with the rule, including the incorporated requirements of chapter 39, was irrelevant. Tex.R. 1995 Johnson married twice more before meeting Steven Beard while she was a waitress at a country club in Austin, Texas. Dr. Roberto Bayardo, the Travis County Medical Examiner, performed the autopsy on Beard's body. The exact nature of the two womens relationship is unclear, but according to Snapped, they spent a lot of time together and Tarlton harbored romantic feelings. The requisites of an indictment now stem from statutory law alone. Kristina was adverse during her testimony, answering to the defense, "I do not remember," 298 times. 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. Tarlton testified that she entered St. David's Pavilion in February 1999 for treatment of a bipolar disorder. By Even when all the evidence is considered equally, including the testimony of the defense experts, we still must give due deference to the jury's credibility determinations. Ann. Tarlton, a lesbian, testified that she loved appellant and believed appellant loved her. The opinions cited by the State involve evidence that the defendant sought to intimidate a witness. Petty had examined Beard's medical records and the autopsy report prepared by Dr. Bayardo. Celeste Beard JOHNSON, Appellant, v. The STATE of Texas, Appellee. Celeste Beard, 53, has spent 14 years behind bars in Texas after she was given a life sentence for manipulating her former lesbian lover into shooting her fourth husband, 70-year-oldTV tycoon Steven Beard. 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.. The court ruled that this testimony was relevant to show appellant's consciousness of guilt and that its probative value outweighed any unfair prejudice. Each spreadsheet has a column for each of the eleven cell phone numbers for which there were billing records. Const. The following day, appellant called Beard's doctor and demanded that he be readmitted to the hospital. Celeste Beard, 53, has spent 14 years behind bars in Texas after she was given a life sentence for manipulating her former lesbian lover into shooting her fourth husband, 70-year-old TV tycoon. The court held that the indictment did not give the defendant adequate notice of the conduct she allegedly committed pursuant to the conspiracy. Tarlton testified that appellant commissioned a painting of herself and her daughters that hung in the Beard residence. Proc. Evid. at 390. Although appellant did not expressly refer to the Sixth Amendment, we believe that the arguments advanced during her many attempts to introduce this evidence were sufficient to make the trial court aware of her complaint. Steve has a penchant for mining, building and alchemy. 588 S.W.2d 570, 571 (Tex.Crim.App.1979). See Tex.R.App. Tex.Code Crim. Appellant told Tarlton that she had arranged for Jennifer to be away from the house that night, but that appellant and Kristina would be at home and in another bedroom. Steven and Celeste met when she started working as a waitress at the Austin Country Club in Texas in 1993. With an exception not applicable here, the credibility of a witness may not be impeached by proof of specific instances of conduct. Appellant urged that judgments could not constitutionally be entered for both offenses and asked the court to require the State to elect. The marriage clearly was not perfect. The nature of the relationship between appellant and Tarlton was a matter of dispute at trial. 1.05 (West 2005). Did Celeste Beard daughters inherit money? These cookies ensure basic functionalities and security features of the website, anonymously. Evid. It was undisputed that Tarlton was arrested for assaulting Breaux, but the charge was later dismissed. 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. Nevertheless, appellant contends that rule 1006 was misused in this cause because the spreadsheets did not accurately summarize the actual billing records and contained additional, unsupported material that was no more than the State's view of the case masquerading as evidence. Although the remark was crude, the trial court did not abuse its discretion by concluding that the probative value of the testimony outweighed any unfair prejudice. On the day Beard died, however, Grimm found an unfamiliar cell phone in appellant's car. Appellant told them that Beard was drunk and had been hitting Megan. She also testified that one of the cell phone numbers billed to her, and identified in the spreadsheets as being her number, was the phone she regularly used. arts. Celeste will be eligible for parole in 2046, by which time she will be 83. That addition did not clarify who was supposed to get the estate and the assets of a trust as remuneration, or who would provide it. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Const. Based on a true story, multimillionaire Steven Beard (Eli Gabay), a retired broadcasting executive, who fell hard for Celeste (Julie Benz), an attractive waitress who served him his nightly cocktail at the local country club in Austin, Texas. Already three-times married, Celeste, then 31, struck up a close friendship with the television tycoon who was worth around $12million. Jackson v. Virginia, 443 U.S. 307, 324, 99 S.Ct. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. The State did not amend the indictment to allege a new or different offense. She also showed Goodson Tarlton's house and automobile. But despite the evidence against her, including testimonies from her own daughters who recalled how she manipulated them, Beard continues to protest her innocence. Breaux said that Tarlton then took an open knife from her pocket. Id. Beard's wife of forty-two years, who was seriously ill when he met appellant, died in October of that year. Appellant suggested that Tarlton shoot Beard in the stomach, as that would be less messy. Viewing the evidence in the light most favorable to the jury's verdict, and thus assuming that the jury believed the State's experts and discounted the testimony of the defense experts, the evidence is clearly sufficient to support a finding beyond a reasonable doubt that Beard died as a result of the shotgun wound inflicted by Tarlton on October 2. In January 1997, Beard transferred $500,000 from his trust to a revocable trust created for appellant. Tex.R. And because the letter was shown to be written by appellant, it was not hearsay when offered against her. ; see Tex.Code Crim. 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. Appellant argues that even though Lofton testified, her due process rights were violated because the court ordered Lofton to testify and because the court's admonishments might have caused Lofton to shade her testimony or withhold testimony favorable to appellant. 2, 1999, an intruder entered the home of self-made millionaire and local TV tycoon Steven Beard and shot him. Evid. But she had an idea that we would go and live at the lake house. From this, the jury could reasonably infer that Tarlton, as appellant's lover, anticipated that she would indirectly share the money and assets that would flow to appellant under the terms of Beard's will. See U.S. Const. As he walked away, Breaux said something she did not understand and then threw a beer can at her car. 403. Early Sweet Pepper Varieties: Which is Best for Your Climate and Taste? The teenagers naturally accepted the offer. The court admonished defense counsel that he was not to speak to Lofton, adding, She's not to have any contact with anybody, we'll just hold on to her, until this matter is resolved She is not to have any contact with anyone until I give-say she can. Later that morning, during a bench conference, the court told counsel for both parties that Lofton will be available for either of you to talk to during the lunch hour. Tarlton said that she initially refused appellant's request, but she changed her mind when appellant threatened to commit suicide. The cookie is used to store the user consent for the cookies in the category "Analytics". State v. Roberts, 909 S.W.2d 110, 114 (Tex.App.-Houston [14th Dist.] Evid. Stay up-to-date with how the law affects your life. Necessary cookies are absolutely essential for the website to function properly. The conduct proscribed by section 19.03(a)(3) includes the killing of another person in order to receive, or for the purpose of receiving, some benefit or compensation. V, XIV; Tex. Bayardo testified that Beard also had bronchopneumonia and sepsis resulting from an infection that began in the lungs. Two other guests were badly injured, including Jennifer Beard, who lived with Jones at the home. Appellant met them there and told them that Beard did not wish to see them. Evid. Celeste Beard Johnson (born February 13, 1963), . amends. Outside the jury's presence, Ray testified that she was Tarlton's Alcoholics Anonymous sponsor. arts. Appellant was also not allowed to question Dr. Richard Coons, a psychiatrist called by the State, about this incident. Tarlton ultimately pleaded guilty to murder and agreed to cooperate with the State in exchange for a twenty-year sentence. 19.03 (a) (3), 22.04 (a) (1) (West Supp.2005). On the spreadsheets, however, Tarlton's name is linked to only one of these numbers. at 820.3. Const. The inferential requirements of article I, section 10 of the Texas Constitution were abolished by the adoption of article V, section 12(b), which provides that the practice and procedures relating to indictments, including amendment, are as provided by law. Studer v. State, 799 S.W.2d 263, 272 (Tex.Crim.App.1990). If money was to be paid by Appellant, it did not clarify who was to receive it. Benton v. Maryland, 395 U.S. 784, 787, 89 S.Ct. The trial court did not permit Ray to testify before the jury, and appellant complains that the court also refused to permit her to cross-examine Tarlton concerning her relationship with Ray. Point of error one is overruled. Id. 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. 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