Franklin Fitzpatrick v. State of Mississippi
2015 Miss. LEXIS 366
| Miss. | 2015Background
- Fitzpatrick killed Deputy Dewayne Crenshaw during a struggle after consuming bath salts and other drugs; he was convicted of capital murder and sentenced to life without parole as a habitual offender.
- Bath salts, not illegal at the time, were ingested by Fitzpatrick and Clifton, contributing to erratic, paranoid, and combative behavior.
- Fitzpatrick fought with deputies when they attempted to restrain him, gained control of Deputy Callahan’s pistol, and used it to shoot Deputy Crenshaw.
- Witnesses described Fitzpatrick as incoherent and hallucinating throughout the incident, consistent with amphetamine psychosis.
- Post-incident testing showed Fitzpatrick had marijuana, MDPV, and methamphetamine in his system; he waived Miranda rights and gave a statement with limited memory of events.
- Fitzpatrick was indicted for capital murder of a peace officer, tried in Lafayette County after venue change, and the jury returned a general verdict of guilty of capital murder.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the elements instruction properly stated law | Fitzpatrick | Fitzpatrick argues the instruction allowed conviction without malice aforethought | Instruction lawful; no error on this issue |
| Whether the weight of the evidence supports the verdict | Fitzpatrick | Weight of evidence does not preponderate against the verdict | Weight-of-evidence challenge denied; coalesced depraved-heart/deliberate-design murder applies |
| Whether procedural bar applies due to failure to object at trial | Fitzpatrick | No plain error; issue not preserved | Procedural bar applied; no plain error found |
Key Cases Cited
- Stevenson v. State, 733 So.2d 177 (Miss.1998) (malice aforethought not required for capital murder of a peace officer)
- Mease v. State, 539 So.2d 1324 (Miss.1989) (discusses pre-Mease interpretation of murder definitions)
- Catchings v. State, 684 So.2d 591 (Miss.1996) (coalescence of depraved-heart and deliberate-design murder concepts)
- White v. State, 964 So.2d 1181 (Miss.Ct.App.2007) (conviction permissible under depraved-heart theory where appropriate)
- Husband v. State, 23 So.3d 550 (Miss.Ct.App.2009) (surplusage of deliberate-design instruction is harmless error when depraved heart suffices)