Mississippi Supreme Court Grants Cory Maye a New Trial

Thursday, December 2nd, 2010

The Mississippi Supreme Court granted Cory Maye a new trial today (PDF), though on different grounds than the Mississippi Court of Appeals, which granted the trial based on a change of venue issue. The state’s supreme court instead ruled that Maye’s trial judge should have let the jury consider a “defense of others” defense, and that the judge’s refusal to include that in the jury instructions amounted to reversible error. The court also said that Maye’s new trial can take place in Jefferson Davis County, which is what Maye wanted, and is where the incident took place.

As I understand it, this decision means Maye is virtually guaranteed a new trial next year unless there’s plea agreement between his attorneys and the state.

My 2006 Reason feature on Maye here. And here’s Reason.tv’s documentary about Maye’s case:

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60 Responses to “Mississippi Supreme Court Grants Cory Maye a New Trial”

  1. #1 |  K9kevlar | 

    Auhtur you think your/our own humanity would not allow something like this to happen. That is the same denial the Germans living downwind of the camps suffered from. Those Germans were cautiously optimistic that the trains passing by were not filled with people. Turns out they were only right half the time.

  2. #2 |  Arthur | 

    K9, I couldn’t agree more about the vulgarity and absurdity of any system of criminal “justice” which produces these results again and again. I get angry and frustrated, and cynically leavened by news like this. But why use that particular metaphor to refer to the optimism of individuals who are hopeful, happy, and optimistic about seeing justice done for Mr. Maye?

  3. #3 |  Arthur | 

    Lol about what my humanity would allow. I would have been surrounded by dead Nazis until they put an end to me…in fact, I am often accused of hyperbole when speaking to the rate at which liberty is disappearing in the U.S. and just how ‘Gestapo-like’ American LE tactics have become. I believe we are living in a modern police state but I don’t have to call a chatroom full of like-minded persons d*$# suckers to express it.

  4. #4 |  K9kevlar | 

    Why that metaphor? A fan of Harvey Keitel.

  5. #5 |  Arthur | 

    Oh, k. Well, carry on then I guess ; }

  6. #6 |  K9kevlar | 

    I take it that you are not a fan of Pulp Fiction? They say there is more truth in comedy than tragedy. Since we are talking about Maye’s ultimate demise, you might read a few of the last words of the condemned. Good for a guffaw or two.

  7. #7 |  Rick H. | 

    K9kevlar, you’ve got the flailing self-righteousness down pat, but it’s obvious you’re just not very good at expressing yourself in print. Maybe a style change is in order. Try using all caps, or lots of exclamation points.

  8. #8 |  SL | 

    I know more about racism in small Mississippi towns than most other white people living elsewhere could believe. Don’t think the system is going to let Maye off easily, but I hope that he wins his freedom.

    I’ve fired a shot in self-defense. I didn’t kill anybody, but the burden is partly mine because I could have killed someone. If you own a firearm and have resolved to defend yourself and your family, you know there is a risk of making a mistake. The cops should have been trained to minimize this risk. The burden was on them to guard themselves and innocent others. They were the ones who chose to make a night raid on a home with a child present.

    I believe the state shouldn’t be doing these no-knock raids over drugs.

  9. #9 |  A brief and unnecessary defense of Radley Balko | Nobody's Business | 

    […] began drawing attention to the case in 2005, and within a year, Cory Maye was off death row, and a new trial is scheduled for later this year. Of course, it was Maye’s volunteer lawyers who did the […]

  10. #10 |  Publius Daily Digest | 

    […] a byproduct of the failed drug war, you should consider the story of Cory Maye out of Mississippi. This post from December 2010 provides a primer and here is a page of all┬árelated posts. This is tough reading, but if you are […]