The Texas Court of Criminal Appeals has overturned the capital murder conviction of Hannah Overton (NO. WR-75,804-02). Overton was previously convicted for the murder of her four-year-old foster child by sodium poisoning in 2007. Her defense team included Goldstein, Goldstein & Hilley’s attorney Cynthia Orr.
The defense argued evidence was ignored that showed the child may have had an eating disorder called pica, which made him consume large quantities of inappropriate items including those containing sodium. It is now up to the District Attorney to determine if Overton will be tried instead on a lesser charge, if the charges will be dismissed, or if she will be retried again for capital murder.
MEYERS, J., delivered the opinion of the Court, in which PRICE, WOMACK, JOHNSON, HERVEY, COCHRAN, ALCALA, JJ., joined. COCHRAN, J., filed a concurring opinion, in which JOHNSON and ALCALA, JJ., joined. KELLER, P.J., filed a dissenting opinion, in which KEASLER, J., joined.