Yates v. State

Appellant, Andrea Pia Yates, was charged by two indictments with capital murder for the drowning deaths of three of her five children. Rejecting appellants insanity defense, the jury found her guilty and, having answered the special issue regarding appellants continuing threat to society "No," assessed punishment at life in prison. Following the verdict and before the punishment phase of the trial, appellant learned that the States expert witness, Dr. Park Dietz, had presented false testimony. Appellant moved for mistrial, but the trial court denied the motion. Appellant asserts 19 points of error in which she challenges, among other things, the factual sufficiency of the evidence to support the verdict rejecting the insanity defense, the denial of a motion for mistrial based on false testimony, and the denial of her right to due process by the use of false or perjured testimony. We reverse and remand.