a sharply divided Texas Court of Criminal Appeals threw out the death sentence...

a sharply divided Texas Court of Criminal Appeals threw out the death sentence of a woman convicted of killing her newborn son. The 5-4 ruling by the state's highest criminal court means Kenisha Berry, 29, will be serving a life prison term for the 1998 smothering death of her infant, Malachi, who was found abandoned and bound with duct tape when he was discovered in a trash bin. The 4-day-old child remained unidentified and the case remained unsolved for 5 years until the woman, a former corrections officer, was identified as the mother of a newborn girl, Paris, found alive, but abandoned and covered with fire ants in a ditch in June 2003.
A jury in Beaumont convicted her of capital murder and sentenced her to death for killing a child under the age of 6.
While her conviction was upheld, the appeals court said that Jefferson County prosecutors misstated the special issue presented to jurors regarding Berry's likelihood of being a future danger to society. The question of future dangerousness is one jurors consider when they are deliberating a death sentence.