Supreme Court Hand Down 10/28/10

In the companion case to Edmonds v. State,,
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.


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