The Herald Banner, Greenville, TX

July 25, 2013

State appeals judges to make appearance

Herald-Banner Staff

GREENVILLE — A state appeals court will be coming to Greenville next week, to hear arguments in the case of a Greenville woman sentenced to prison last year for attempting to kill her newborn daughter in 2009.

The Sixth Court of Appeals in Texarkana is also scheduled to consider the case of a Lamar County couple, who are fighting against the installation of an oil pipeline across the region.

The court is set to appear at 1:30 p.m. next Tuesday, July 30 in the Auxiliary Courtroom at 2700 Johnson Street in Greenville. The session will be open to the public.

One of the cases scheduled on the docket is the appeal filed on behalf of Lola Danielle Cherry, who 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 the Texas Department of Criminal Justice-Institutional Division. Prosecutors alleged Cherry pushed a diaper wipe down the thoat of her 12-week-old daughter because Cherry 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.

Attempted capital murder is a first degree felony, punishable by a maximum sentence of from five to 99 years to life in prison.

The court is also scheduled to consider the appeal of an August 2012 ruling in the case of The Crawford Family Farm Partnership v. TransCanada Keystone Pipeline, L. P.

The judge in the Lamar County Court at Law ruled that TransCanada was permitted to use eminent domain to take over farm land to build its Keystone XL pipeline.

Judge Bill Harris upheld TransCanada’s condemnation of a 50-foot strip of land across Julia Trigg Crawford’s pasture. The pipeline is being built to carry oil to Texas refineries from Canada.

The Sixth Court of Appeals, through its three justices decides civil and criminal appeals arising primarily in its 19 county district, which includes most of northeast Texas, including Hunt County.