State v. Phillips

LIMBAUGH, Judge.

A jury found Shirley Jo Phillips guilty of first degree murder and sentenced her to death. The postconviction court overruled Phillips’ Rule 29.15 motion after an evidentia-ry hearing. On consolidated appeal, we affirm the conviction and the denial of that part of the motion for post-conviction relief as it pertains to the conviction. We reverse the denial of relief on the Rule 29.15 motion as it pertains to the penalty phase proceeding, vacate the sentence of death, and remand for new penalty phase proceedings.

I. FACTS

The evidence at trial, which we review in the light most…