Capital murder conviction affirmed in Rusk County child's death - KYTX CBS 19 Tyler Longview News Weather Sports

Capital murder conviction affirmed in Rusk County child's death case

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RUSK COUNTY (KYTX) - On Friday, the Sixth Court of Appeals in Texarkana affirmed the conviction of Jesseca Bain Carson for capital murder, a press release said.

Carson received life without the possibility of parole from a Rusk County jury. The court of criminal appeals in a previous case eliminated the death penalty as an option for a mother whose sole criminal activity is the murder of her own children, the release said.

Therefore, Carson received the maximum sentence permissible.

The jury had the option but declined to find Carson guilty of two lesser offenses. However, Carson's appellate lawyer argued that the court should have submitted to the jury even additional lesser offenses.

The appellate court agreed, however the jury could only consider a lesser offense if the jury had found the defendant not guilty of capital murder, according to the release.

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