JAMES FUDGE
General Information
DOB: July 16, 1964
Race: African American
Gender: Male
Crime and Trial
County of conviction: Pulaski
Number of counts: 1
Race of victim: African-American
Gender of victim: Female
Date of crime: December 26, 1997
Date of sentencing: January 14, 1999
Trial Counsel:
Tammy Harris
Last judicial decision:
--Imposition of Life Verdict in new penalty phase.
Current counsel:
Walter Craig Lambert
Federal Public Defender's Office
The Victory Building
1401 West Capitol Avenue, Suite 490
Little Rock, AR 72201
(501) 324-6113
Reported Opinions:
--State's appeal and Mr. Fudge's cross-appeal both denied by State v. Fudge, ___ S.W.3d ___, 2005 WL 852643 (Ark. May 26, 2005)
--State's petition for rehearing denied by State v. Fudge, ___ S.W.3d ___, 2005 WL 1244845 (Ark. Apr. 14, 2005)
--Re-sentencing order by circuit court on Mr. Fudge's Rule 37 motion (unpublished order issued December 5, 2003)
--Denial of post-conviction relief reversed and remanded for findings of fact and conclusions of law on issues raised in Mr. Fudge's Rule 37 motion. Fudge v. State, 120 S.W.3d 600 (Ark. 2003).
--Conviction and sentence affirmed on direct appeal by Fudge v. State, 20 S.W.3d 315 (Ark.), cert. denied, 531 U.S. 1020 (2000).
--Appellant denied leave to proceed pro se on his direct appeal. Fudge v. State, 19 S.W.3d 22 (Ark. 2000).
Significant legal issues:
--re-sentencing ordered by circuit court because Mr. Fudge's jury was told that he had a previous conviction for first degree battery, rather than his actual conviction for the less violent offense of first degree robbery
--trial counsel's alleged failure to investigate and present mitigating evidence concerning Mr. Fudge's abuse as a child, possibility that his propensity for violence stemmed from a genetic condition, and other aspects of his personal history
--conflict of interest stemming from the fact that an associate of trial and appellate counsel was representing one of the state's trial witnesses
--trial court's refusal to instruct on second degree murder