The court reversed and sent back to the circuit court of Oktibbeha County another of her appeals challenging her conviction and sentence about a cell phone and charger she reportedly furnished another inmate in the local jail as she awaited her murder trial.
In a 5-4 voter, in which Justice Jim Kitchens of Crystal Springs concurred in part and dissented in part, Justice Ann Lamar wrote that the court record is so "sparce" or "silent" about what was not authorized and what, if any, notice was given Fulgham.
She pleaded guilty and was sentenced to eight years in prison on the charge.
Today's decision send the case back for a hearing about whether she had notice the items constituted "an electronic device," and if so, whether they were "unauthorized" and if law enforcement had definite standards to avoid "arbitrary" enforcement.
Last week, Fulgham's death sentence was reversed and sent back to Oktibbeha for a re-hearing. The court said a jury should have been allowed to hear testimony that might have caused them to decide she should get life in prison, instead of the death penalty.
She was convicted in the shooting death of her husband, Joey Fulgham.
No date has been set on either hearing.
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