195 So. 3d 890
Miss. Ct. App.2016Background
- Kenneth Thompson was found murdered in woods behind a residence; his truck was burned nearby and investigators recovered bloody items and a broken shovel handle at the scene.
- Greg Fortenberry was arrested with two others; his juvenile co-defendant and another adult gave statements that tied Fortenberry to the scene.
- Fortenberry gave multiple interviews: initially denied involvement, later admitted presence and planning, and ultimately confessed in a videotaped interview that he stabbed Kenneth.
- A grand jury indicted Fortenberry on first-degree murder, conspiracy to murder, third-degree arson, conspiracy to arson, and possession of a weapon by a felon; a jury convicted him on all counts.
- The trial court sentenced Fortenberry to concurrent life terms without parole on all counts; his post-trial motion for a new trial was denied, and he appealed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Fortenberry) | Held |
|---|---|---|---|
| Admission of autopsy and crime-scene photographs | Photos were probative to describe scene, body location, and cause of death | Photos were gruesome, duplicative, inflammatory, and highly prejudicial | Admission was not an abuse of discretion; objections were largely procedurally barred and photos were relevant and probative |
| Weight of the evidence / denial of new trial | Confession plus eyewitness and forensic evidence supported verdict | Evidence lacked firm physical linkage; eyewitnesses could be mistaken; verdict against overwhelming weight | Denial of new trial affirmed; confession and corroborating evidence supported jury’s verdict |
| Cumulative error undermining a fair trial | Errors, taken together, did not occur or were harmless | Photographs, unreliable evidence, witness credibility, and the confession cumulatively deprived him of a fair trial | No reversible cumulative error because court found no individual error |
Key Cases Cited
- Stringer v. State, 131 So. 3d 1182 (Miss. 2014) (standard of review for admission of evidence)
- Keller v. State, 138 So. 3d 817 (Miss. 2014) (photographs admissible when they describe scene, body location, or cause of death)
- Ross v. State, 954 So. 2d 968 (Miss. 2007) (objections must be specific to preserve appellate review; cumulative-error framework)
- Bursey v. State, 149 So. 3d 532 (Miss. Ct. App. 2014) (appellate preservation rules for objections)
- Cheatham v. State, 12 So. 3d 598 (Miss. Ct. App. 2009) (weight and credibility of confession are jury questions)
- Bush v. State, 895 So. 2d 836 (Miss. 2005) (standard for granting new trial on weight of evidence)
- Harris v. State, 970 So. 2d 151 (Miss. 2007) (no cumulative error where no individual error is found)