Archive for October, 2010

Supreme Court Hand Down 10/28/10

Posted in Uncategorized on October 28, 2010 by tobywelchlaw

In the companion case to Edmonds v. State, http://www.mssc.state.ms.us/Images/Opinions/CO38911.pdf,
one of the most transforming decisions in recent Mississippi jurisprudence, the Supreme Court today reversed the death penalty sentence of Kristi Fulgham.

Kristi Fulgham was indicted for capital murder in the death of her husband Joey Fulgham. Along with Kristi, her 13 year old half brother Tyler Edmonds was also indicted. Tyler was convicted and his trial and conviction made headlines as he was 13 years old at the time and sentenced to life. His conviction was later reversed and on retrial he was acquitted. Kristi was convicted and appealed her conviction. The Supreme Court affirmed her conviction but reversed her sentence of death based on the trial court’s excluding certain mitigation evidence. Justice Kitchens had a specially concurring opinion that set out grounds that will certainly be raised on post-conviction relief as the utter lack of any evidence, either in the indictment, testimony, physical evidence, etc. of the underlying offense of robbery that led to the capital murder charge. The State did not allege what thing was actually “robbed” in the indictment or throughout the trial. The only mention of an item being taken was in the prosecution’s closing argument. This case will more than likely be reversed on the guilty phase in the coming months. Without proving the underlying offense of robbery, the charge will probably be murder, taking the death penalty off the table.

Supreme Court Hand Down 10/7/10

Posted in Uncategorized on October 7, 2010 by tobywelchlaw

Delker v. State.  James Robert Delker was indicted and subsequently convicted of DUI 3rd and sentenced as an habitual offender to five years, day for day.  Delker was observed by the Chief of Police of Marion, Mississippi going over the posted speed limit.  The chief activated his blue lights, at which point Delker sped up and was later stopped.  The chief noticed that Delker appeared impaired and Delker later refused to take a breathalyzer.  Delker was found guilty at trial.  Delker appealed on the grounds that he was not within the city limits of Marion and as such, the chief had no authority to arrest him.  Delker filed a motion to suppress that was denied.  The Court of Appeals affirmed and the Supreme Court granted Cert.  The majority held that the exclusionary rule did not apply as the chief made a mistake.  The dissent, by Justice Chandler held that the a chief of police not knowing his own municipal boundaries was at least gross negligence and as such the rule should apply and the suppression should have been granted.

 

And to toot my own horn, the Supreme Court granted a petition for cert today I helped write.

Recent Appellate Court Hand Downs

Posted in Uncategorized on October 5, 2010 by tobywelchlaw

I am still around but neither the Supreme Court nor the Court of Appeals has even had a dissent in a while.  And no one wants to read, and I sure don’t want to write, that the same old, same old has been reported.