The Herald Banner, Greenville, TX

Local News

August 31, 2013

Appeal denied in Cherry attempted capital murder case

GREENVILLE — A state district court has upheld a Greenville woman’s conviction on a charge of attempted capital murder, for attempting to kill her newborn daughter in 2009.

Earlier this month, the Sixth Court of Appeals had questions concerning the case and instructed the 354th District Court to a decision as to whether Lola Danielle Cherry’s statement to investigators was made voluntarily.

The trial court had since submitted its findings of fact concerning the conviction, and in a nine-page opinion issued Friday morning, Chief Justice Josh R. Morriss said the appeals court was convinced Cherry was not coerced or forced into making the statements which implicated her in the case.

“The trial court concluded, considering the totality of the circumstances, that Cherry’s oral and written statements ... were made voluntarily,” Morriss said. “The trial court also stated that Cherry was ‘less than candid with the Court’ during her testimony.

The record supports the trial court’s finding that Cherry voluntarily made her oral and written statements.  There is no abuse of discretion in the trial court’s findings, and we overrule Cherry’s point of error.” 

The Sixth Court of Appeals heard arguments in Cherry’s appeal when it met in Greenville July 30.

Cherry was convicted in January 2012 on a charge of attempted capital murder.

One month later 354th District Court Judge Richard A. Beacom sentenced Cherry to 24 years in prison.

Prosecutors alleged Cherry pushed a diaper wipe down her 12-week-old daughter’s throat because she did not want her to grow up in an unstable household.

Police officers were reported to have responded to a call of a newborn choking and not breathing in the 2600 block of Jones Street on Oct. 31, 2009.

The child was later taken by helicopter to Childrens Medical Center in Dallas where the baby wipe was removed. The child fully recovered.

1
Text Only
Local News
Featured Ads
Photos


See more photos and purchase prints here.

Poll

Does Dallas head coach Jason Garrett need for the Cowboys to make the playoffs during the 2014 football season to keep his job?

Yes
No
Who knows with Jerry Jones as owner?
     View Results
Facebook
AP Video
Fighting Blocks Access to Ukraine Crash Site Dangerous Bacteria Kills One in Florida Workers Dig for Survivors After India Landslide Texas Scientists Study Ebola Virus Smartphone Powered Paper Plane Debuts at Airshow Southern Accent Reduction Class Cancelled in TN Raw: Deadly Landslide Hits Indian Village Obama Chides House GOP for Pursuing Lawsuit New Bill Aims to Curb Sexual Assault on Campus Russia Counts Cost of New US, EU Sanctions 3Doodler Bring 3-D Printing to Your Hand Six PA Cops Indicted for Robbing Drug Dealers Britain Testing Driverless Cars on Roadways Raw: Thousands Flocking to German Crop Circle At Least 20 Chikungunya Cases in New Jersey Raw: Obama Eats Ribs in Kansas City In Virginia, the Rise of a New Space Coast Raw: Otters Enjoy Water Slides at Japan Zoo NCAA Settles Head-injury Suit, Will Change Rules Raw: Amphibious Landing Practice in Hawaii
Must Read
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Reader's Choice