The appeals court in Houston handling the Andrea Yates murder retrial ruled that the trail may go forward, and begin as early as tomorrow.

Defense attorney George Parnham argued that the retrial of Yates for the drowning murders of her children would violate the constitutional double jeopardy standard. He also alleged that the prosecutors misconduct in the first trial should invalidate a retrial. If you recall, the the defense claimed the jury was tainted by an episode of "Law and Order," even though the episode has never been produced, and not so much as a script for it has ever been found.

The appeals court ruled that no misconduct could be found.

"We are hopeful that we can now finally place our complete focus upon going to trial," prosecutor Alan Curry said after the court ruled.

Yates will plead insanity in the murders of her five children, who ranged in age from six months to seven years. Psychiatrists claim she suffered from postpartum depression.

I'm sorry, but the whole PPD thing is just an excuse in her case. Yes, after the birth of a baby a woman is exhausted, upset about your body and strained financially. She's definitely prone to some depression, but murder is murder. I don't care how crazy one is; they need to do hard time!

Geez, if you were in good mental shape, it stands to reason you wouldn't commit murder in the first place!