Foster v. Overstreet

DENYING PETITION FOR WRIT OF MANDAMUS

STUMBO, Justice.

Petitioner, Lafonda Fay Foster was convicted on five counts of capital murder in March of 1987. Following the recommendation of the jury, the trial court sentenced the Petitioner to death. In December of 1991, this Court reversed the sentencing determination and remanded this case for retrial of the sentencing phase. Foster v. Commonwealth, Ky., 827 S.W.2d 670 (1991).

In December of 1992, the original trial judge recused himself from the case on the grounds that his impartiality might be reasonably questioned since he had previously…