The highest court in Massachusetts is set to hear an appeal from a woman who has twice been convicted of fatally beating an acquaintance over the head with a cinder block.

Sheila Berry was convicted of murder in the 2002 death of Admilson Goncalves.

The supreme judicial court granted her a new trial in 2010 after finding that jury instructions could have misled jurors to believe her insanity defense was invalid because she voluntarily drank alcohol that night.

Berry was convicted again after a second trial. And now her lawyer claims on appeal that the trial judge should have stricken testimony from a prosecution expert.

The defense argues the expert essentially told jurors Berry's intoxication canceled out any insanity defense.  

 The court is scheduled to hear arguments Sept. 10. (Associated Press)