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April 18, 2013

Appeals court upholds man’s 60-year sentence for shooting wife


“This case was the worst nightmare of every person who files for divorce,” said Assistant District Attorney Jeff Swain, who tried the case with Assistant District Attorney Kathleen Catania. “The appellate court’s ruling will allow the peace of mind that the victims got from the jury’s verdict to continue into the future.”

The appeals court affirmed the convictions and sentences.

The court also denied requests for a new trial for an alleged improper comment by an assistant district attorney during closing arguments and for a claim that a witness improperly referred to his incarceration before trial.

Duff could still appeal to the Texas Court of Criminal Appeals, according to Assistant District Attorney Eddy Lewallen, who handled the case on appeal for the prosecution. 

“I am doubtful that our state’s highest criminal appeals court will choose to hear Mr. Duff’s case because it really does not present any new legal issues or unusual fact situations,” Lewallen said.

Duff is not expected to become eligible for parole until 2040.

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