State of Arizona, Appellee/cross-Appellant. v. Oreste Fulminante, Appellant/cross-Appellee

Summary

The court reversed the defendant's first-degree murder conviction and death sentence because hearsay statements attributed to the victim improperly conveyed her beliefs that the defendant would kill her, and the error was prejudicial in light of the State's thin proof of premeditation. The court nevertheless held that the indictment was valid, the evidence was sufficient to submit the murder charge to the jury, and several other challenged evidentiary rulings were not erroneous. The case was remanded for retrial subject to limitations on the admission of the challenged evidence.