Fulgham v. State
2010 Miss. LEXIS 570
| Miss. | 2010Background
- Kristi Fulgham was convicted of capital murder and sentenced to death for killing her husband, Joey Fulgham.
- The State alleged the murder was for pecuniary gain and occurred during a robbery.
- Mitigation evidence was limited at the sentencing phase, with social worker Adrienne Dorsey-Kidd barred from testifying fully.
- Key witnesses connected Fulgham to financial motives and to the crime scene; some evidence suggested stolen wallet and possible life-insurance proceeds.
- Fulgham challenged multiple guilt-phase and penalty-phase rulings, culminating in a claim that the sentencing verdict was improperly restricted by exclusion of mitigation.
- The Mississippi Supreme Court affirmed the conviction, but reversed and remanded for a new sentencing hearing to reassess mitigating evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Unanimity on robbery theory | Fulgham argues D-48 required unanimous agreement on which property was taken. | State argues general robbery element supports a single guilty verdict. | No reversible error; record supports a single robbery verdict under controlling precedent. |
| Relevance of social worker mitigation testimony | Fulgham contends Dorsey-Kidd’s observations should be admitted as mitigation. | State objected; trial court permitted other mitigators but not this testimony. | Trial court abused discretion by excluding Dorsey-Kidd’s expert mitigation observations; sentencing reversal warranted. |
| Indictment sufficiency for robbery | Indictment failed to specify which property was stolen, lacking notice. | Capital-murder indictment may cite underlying felony generally. | Indictment insufficient to charge specific robbery property; require more precise indictment. |
| Venue and cross-section concerns on transfer | Fulgham sought transfer to a County with similar demographics for impartial jury. | Court appropriately exercised discretion; Union County venue upheld. | No abuse of discretion; transfer upheld and cross-section concerns rejected. |
Key Cases Cited
- Schad v. Arizona, 501 U.S. 624 (1991) (permitting alternative theories of liability in murder cases is constitutional)
- Griffin v. United States, 502 U.S. 46 (1991) (general verdicts may rest on a valid ground even if some grounds are invalid)
- Richardson v. United States, 526 U.S. 813 (1999) (unanimity required on specific elements when multiple elements exist)
- Goff v. State, 14 So. 3d 625 (Miss. 2009) (two-theory instructions not reversible error where circumstantial evidence suffices)
- Gray v. State, 728 So. 2d 36 (Miss. 1998) (acquittal-first and related instructions analyzed for proper use)
- Simon v. State, 633 So. 2d 407 (Miss. 1993) (change-of-venue demographics not required; publicity concerns insufficient to require transfer)
- Mettetal v. State, 602 So. 2d 864 (Miss. 1992) (voluntariness of statements and right to counsel issues in interrogation)
- Thorson v. State, 895 So. 2d 85 (Miss. 2004) (procedural bar and merits on death-penalty instructional issues)