HoustonChronicle.com - Andrea Yates' conviction thrown out

Yates' appeal cited 19 trial errors, but the appeals court ruled only on the false-testimony issue, since that was enough to reverse the conviction. Writing for the appeals court, Justice Sam Nuchia agreed the state hadn't knowingly used perjured testimony but expressed concern that the jury could have been prejudiced when weighing Yates' guilt.

"We conclude that there is a reasonable likelihood that Dr. Dietz's false testimony could have affected the judgment of the jury,'' the court ruled. "We further conclude that Dr. Dietz's false testimony affected the substantial rights of appellant.''

Curry said today that if the appellate judges reject prosecutors' motion to reconsider their decision, prosecutors can appeal to the Court of Criminal Appeals, the state's highest court.

Despite the false testimony, Yates received a fair trial and was convicted because the jury believed she knew what she was doing and she knew it was wrong, Curry said.