State v. Ard

BURNETT, Justice:

Appellant was convicted of the murder of his girlfriend, Madalyn Coffey, and the murder of their unborn, but viable, son. He was sentenced to death.

BACKGROUND

Ms. Coffey died from a single gunshot wound to her forehead. Her unborn but viable child survived in útero for approximately six to eight minutes before dying from a lack of oxygen.

During the guilt phase of trial, witnesses testified they heard appellant threaten to kill Ms. Coffey prior to the shooting. A witness testified she saw appellant assault Ms. Coffey during her pregnancy and heard appellant state he wished Ms.…