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July 29, 2013

Court of Appeals to make local appearance

GREENVILLE — A state appeals court is set to appear in Greenville this week, to hear arguments in the cases of a Greenville woman convicted of attempting to kill her newborn daughter and of a Lamar County woman fighting against the installation of an oil pipeline on her land.

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

The court intends to hear arguments in the appeal of Lola Danielle Cherry, who was convicted in January 2012 on a charge of attempted capital murder. Cherry was later sentenced to 24 years in prison. Prosecutors alleged Cherry pushed a diaper wipe down the throat 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. The child recovered.

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 TransCanada was permitted to use eminent domain to take over farm land to build its Keystone XL pipeline, upholding 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.

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