AUSTIN, TX (KTRE) - The Texas Court of Criminal Appeals has denied the state's motion to re-hear the case of a Lufkin woman who killed kidney dialysis patients by injecting them with bleach, meaning the case will go back to a circuit court for re-consideration.
The high court sent the case for Kimberly Saenz, 41, back to the Fourth Court of Appeals in December for consideration after it determined the trial court erred on a jury charge.
The Texas Court denied the state's motion Thursday without a written order.
The court's ruling in December states the Angelina County district court erred in allowing jurors to convict without unanimously agreeing on which specific victims were murdered by Kimberly Clark Saenz, 41.
The Fourth Court of Appeals upheld Saenz's conviction last January.
A jury ruled Saenz guilty of capital murder following a lengthy trial in April 2012. She was accused of five murders in 2008. Lufkin police say she killed the kidney dialysis patients by injecting bleach into their bloodstream, while she worked at Davita as a nurse.