State v. Kelly

BURNETT, Justice:

Appellant Theodore Kelly was convicted of murdering his estranged wife, Imogene Kelly (Mrs. Kelly), and her daughter’s fiancé, Keith Epps. Appellant was also convicted of assault and battery with intent to kill for his attack on Mrs. Kelly’s daughter, Tracy Smith. Appellant was sentenced to death for the murders1 and twenty years for assault and battery with intent to kill.

FACTS

This incident arose out of a domestic dispute between appellant and Mrs. Kelly. Mrs. Kelly’s daughter, Tracy, testified her mother had obtained a restraining order against appellant in March of 1994.…