Cory Maye Denied

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In a terse, eight-page decision, Mississippi Circuit Court Judge Michael Eubanks denied all of Cory Maye's arguments for a new trial today. Maye's defense team put forth devastating arguments that Judge Eubanks either dismissed without discussion, or didn't bother to address at all. The few issues he did take the time to discuss read like they came from the pen of a man who'd come to his conclusion before he'd done any anaylsis. I can't believe he sat through the same hearing I did last September.

As I understand it, Maye now gets an appeal to the Mississippi Supreme Court. After that, he'll start his federal appeals process.

Last Wednesday, incidentally, marked the five-year anniversary of the raid on Maye's home. Five years that he's been in prison. And five years that his kids haven't had a father. It also marked five years since this country's insane drug war unnecessarily took another victim—Officer Ron Jones.

Mississippi likes to pretend it has overcome its ugly history of denying black men a fair crack at justice. The sordid details of this case show that Mississippi still has a very long way to go.

I'll post the decision and have more comment later.

NEXT: Banned in NYC!

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  1. Mr. Balko, you are relentless, and I commend you for it. Reason is lucky to have you. Now back to my regualrly scheduled post…

    Prepare, folks. The revolution cometh.

  2. Mr. Balko

    I am terribly sorry to hear this. Thank you for your continuing efforts on Mr Mayo’s behalf. When you are fighting for him, you are fighting for us all.

    Hopefully, Cory Mayo will someday be vindicated.

  3. You are doing good work, Mr. Balko. It’s a shame that the appeal was rejected, but, as you said, there’s still a long process available.

  4. Why am I not surprised?

  5. Wait a sec! I thought that we were all white-supremacists here?! I just came over from Ann Althouse’s blog, and….
    [sarcasm off]

    Radley could you insert some links to the defense arguments and to the content-free decision?

    Part of me feels like a big pussy for not dusting off my eyepatch and sharpening my sabre over this. The rest of me refuses to believe that this can continue happening to an innocent man and his family.

    I am sincerely thankful that you are helping him with this fight and very proud that I can support the organization that is supporting you in that effort.

  6. This is a singular issue that all libertarian-minded folk need to get involved in. Radley’s work on it is inspiring. What concrete things can we do here, Reasonoids?

  7. I can’t fucking believe this. I mean I really can’t fucking believe it. As I type this tears are literally falling from my eyes. I know I’m a crackpot to think that the WOD is unconstitutional and all the other stuff. But this time, THIS ONE TIME GOD DAMN IT, I thought my team could put one in the win column. I thought they could say “Oh Sorry”, let Corry go, and then get back to business as usual, kicking in doors and oppressing people. I thought the herculean effort by Radley, the defense team, and all the others could restore one crumb of justice.

    I don’t know Cory, don’t know anyone that knows him, don’t live in Mississippi, and don’t see how if he spends the rest of his life rotting in prison it will suck the jelly out of any of my donuts. So why do I weep so? From whence comes this anger and despair that tears at my heart and constricts my chest?

    Radley,
    I can’t even begin to tell you how much I’ve admired your efforts. Someone who actually does the leg work, does the digging, and then rises up on his hind legs demanding attention. The past week I’ve been mulling over a year-end H&R post about how you’ve single handedly elevated Reason magazine’s relevance and respectability.

    I pray to my nonexistent god that when you awake tomorrow it will be with renewed determination. Please give me some small task, some menial chore, that I might perform for the cause. Provide me with phone numbers and I will dial my fingers to nubs, provide me with addresses and I will compose theses, provide me a fund and I will cough up succor.

    Not this time! This time we draw the line in the sand! This time we will not bend to the winds of impotence and inevitability. This One Time.

  8. I skimmed by CNN.com and saw something about a major world leader tonight. Come on Reason, what kind of political blog is this?

  9. And just let me say that fighting against the drug war is the major moral issue of our time, and I don’t want to take anytrhing away from that.

  10. Grand Chalupa,

    Feel free to fuck off at any time.

    In case you are too ignorant to understand the purpose of Hit & Run, this isn’t some sort of political free for all, but a blog (nominally) devoted to issues regarding liberty. Saddam Hussein’s death will not further or hinder the cause of liberty, whereas the Cory Maye case shows how far our government is going to deprive us (and that would be the royal us, even including right-wing nutjobs like you) of our basic “god-given” rights.

  11. Complaining because a libertarian blog isn’t covering Saddams execution is like complaining because you can’t buy OE at a winery.

  12. I wish this decision was covered by the crapstream media and the 24 hours drivel outlets.

  13. Dear mister jf,

    Please E-Mail the Reason staff and tell them they’re not supposed to be covering Saddam’s execution, since they had a thread about it earlier in the day. And please, tell those of us too ignorant to understand Hit & Run what the libertarian position is on Gerald Ford’s death and the war between Somolia and Ethopia.

  14. I remember a Vermont lawmaker got into trouble a couple years ago cause he said that people have a right to shoot cops breaking into their homes. he was treated as a monster but the guy was right. Anybody who contributes to the prosecution of the drug war deserves to die. I feel no sympathy for those fuckin pigs.

    And there should be a Saddam thread, IMHO

  15. You know, if the demicans and republicrats were honest in there ramblings about including libertarian ideals in their writings, conversations, platforms, blogs, this is a good fucking place to start.

    Are you listening Kos?

  16. It’s bad news but keep your chin up. He isn’t done yet.

  17. Grand Chalupa,

    The libertarian position on Gerald Ford’s death is that he’s dead. Full stop.

    The libertarian position on the “war between Somolia and Ethopia” would be “on what planet do those countries exist,” along with “even if they were spelled correctly, since when were the legitimate governments of both countries at war with each other?”

    I hope that helped you.

  18. Thanks for all you do Radley! And, please let Mr. Maye that we are pulling for him. I’m down with contributing to a defense fund on his and his family’s behalf.

    And Michael Eubanks there is nothing honorable about your decision. Just remember that you will be judged one day also. You better hope he applies some justice for you!

  19. He shot a cop 3 times. He’s going to burn. I hope he never sees his kid.

  20. “He shot a cop 3 times. He’s going to burn. I hope he never sees his kid.”

    And I hope a cop busts in your door on some trumped up charge and shoots you in your mouth 3 times one night, and that you never get to see your kids. That is unless you are a cop, in which case, if you ever bust into a mans home on a trumped up charge, I hope you shoot one of your fellow law enforcement officers on accident, and then he turns around and shoots you 3 times, and that you never get to see your kids as well.

  21. Oh, and by the way, how does it feel when someone stoops to your pathetic level slant-mouth?

    Made me feel like shit because I had to do it. Glad I’m not you!

  22. Wait a sec! I thought that we were all white-supremacists here?! I just came over from Ann Althouse’s blog, and….

    See, that just proves we’re racist. Since we’re racist, we have to prove we’re not by getting worked up about a black man’s death. It’s a variation of the “some of my best friends are black” thing. If we really cared about blacks, we’d be for affirmative action and reparations. Since we’re not, anything we say proves we’re racist. Get with the program!

  23. Radley Balko is a great american. I think Iraq might have a better criminal justice system than ours.And for the skirmish between Somalia and Ethiopia I don’t have a dog in that fight.And I will take the liberty to state this as the official libertarian party stance.

  24. DAMMIT!!! Radley, I commend you for your work-is there ANYTHING we ordinary citizens can do? This is such a fucking travesty of fucking justice-and as you said, even more of a shame because the cop Maye shot seemed like (relatively) one of the good guys.

  25. Gerald R. Ford was a great president.

  26. And according to theagitator.com, Dr. Rottschaefer’s appeal was also denied (wasn’t that the one where the evil bitch lied to reduce her own prison time?). Fuckin’ ay.

  27. Good thing the Bill Of Rights applies somewhat against state authorities. Something to remember next time an incorporation dispute arises here, as it seems to from time to time.

    I think / hope Mr. Maye will get a fairer hearing from the national authorities.

  28. Why’d they deny it? To demonstrate that they can, and rub your noses in it. And then, when your snouts are thoroughly buffed, gauge your response (or more likely, the complete lack of response thereof) and plan new & improved outrages accordingly.

    Why can they get away with it? Because you stubbornly refuse to tar ’em and feather ’em and ride ’em out of town on a railroad tie and set ’em on fire.

    You will endure exactly as much evil in this world as your are willing to put up with and not do anything about it except mewl continued impotence uselessly on blogs.

  29. You will endure exactly as much evil in this world as your are willing to put up with and not do anything about it except mewl continued impotence uselessly on blogs.

    I think that publicity is the kind of thing that the Supreme Court looks at when they decide whether to grant cert or not — and that is strategically important for Mr. Maye. It will be much easier for the Supreme Court to trash Mr. Maye with a cert. denied than with an opinion.

    As a matter of fact, I would be very interested to see how justice Scalia would vote / write on this. I wouldn’t be surprised to see him side with Mr. Maye.

    Police might be more careful on no knock raids if it means the difference between whether the ocupants are Constitutionally privileged to douse them with kerosene and set them on fire as they break in, depending upon whether sufficient cause really existed.

  30. Could we impeach or help start the process to impeach Judge Eubanks?

  31. “Get with the program!”
    grylliade,
    The libertarian platform is not built with planks. Rather it is made of strands woven into a basket, so to speak.

  32. Grand Chalupa,

    The libertarian position on Gerald Ford’s death is that he’s dead. Full stop.

    The libertarian position on the “war between Somolia and Ethopia” would be “on what planet do those countries exist,” along with “even if they were spelled correctly, since when were the legitimate governments of both countries at war with each other?”

    I hope that helped you.

    Forgot the first rule of debating with internet pricks. Make sure to spell everything correctly because it gives them too easy an opportunity to sound smart without having to think of anything of substance.

    Here’s your chance to look like even a greater debater. add sadfkdhj afidfjasdijdfslfdj fajkljdfa.

    By the way, who the hell are you?


  33. Police might be more careful on no knock raids if it means the difference between whether the ocupants are Constitutionally privileged to douse them with kerosene and set them on fire as they break in, depending upon whether sufficient cause really existed.

    Consider the SC position on no-knocks, I’d be surprised to see them admit that the raids themself are flawed.

    I highly doubt Scalia will side with Maye unless he decides he wants a big dose of humble pie and humiliy juice.

  34. Mother of terrible spelling. The mental spellchecker isn’t on yet this morning, sorry about that.

  35. Chalupa,

    You want to march in here and get your panties in a knot because something you considering unworthy of discussion is a topic here and then complain about me being an “internet prick”?

    An innocent man is being railroaded by the system, but that’s not important, and there already is a Saddam thread, but someone better start another one to keep Chalupa happy.

  36. Chalupa’s okay and so is jf, you guys need to shake it off, have a glass of wine (I’ll buy) and move on.

    As far as Ford goes, Reason may be taking the position that he wasn’t a president of note, except for hitting people in the head with golf balls on a semi-regular basis. And he was never elected neither.

    I mean no disrespect as Ford was no worse than Jimmah Carter and may have been an improvement over Carter had he been elected.

    That said, the Cory Maye case is horrifying in that it symbolizes in bold colors all that is wrong with the justice system and the drug war.

    I’m not convinced that race is an angle, though it may be. Or it may be now (at the appellate level).

    The main reason he got railroaded is because he killed a cop in a small town and it was the police chief’s son. You can’t do that. Wouldn’t have mattered if he was from Mars, he was going down.

  37. Mike Schneider | December 30, 2006, 8:25am | #
    “Why can they get away with it? Because you stubbornly refuse to tar ’em and feather ’em and ride ’em out of town on a railroad tie and set ’em on fire.

    I like Mike. I’ve been a long time proponent of tar and feathers. How sweet a little poetic justice would be.

  38. Good luck to Cory Maye in his appeals. We will be watching.

  39. This is just awful. I pointed every person I knew to the original reason article on Cory Maye, and to the agitator, as well. I signed an online petition. This is just horrible news.

    What will ever happen to open the eyes of America to the crimes of the liberty-robbing War on Drugs and the dangers of using paramilitary-style SWAT units to do routine policework?

    – R

  40. Is Cory Maye still on death row. I thought the judge had said he was not represented correctly in sentencing hearing. The decension sounds awful and disappointing.

  41. Adam W.: “Is there ANYTHING we ordinary citizens can do?”
    Warren: “Please give me some small task, some menial chore, that I might perform for the cause.”

    Jeez, guys, Radley’s great and all but he’s only an “ordinary citizen” himself. If you really feel that strongly about this situation start a blog, start writing letters, call a talk show. Get the word out. It can’t be that hard to figure out.

    You don’t need to wait for a higher power to give you marching orders. What are you, New Orleanians?

  42. Dear Radley;

    Good work. As a constructive suggestion, how about posting the name and address of the next appeals judge, so we can all start writing and/or calling; e-mailing him.

  43. “I wish this decision was covered by the crapstream media and the 24 hours drivel outlets.”

    Sorry, but Mr. Maye does not have the “sexy” criminality of “Tookie.” This is an example of a perfect storm of antiLibertarian mediabias (a case I’ve been making for quite some time at the conservative blog ‘NewsBusters.’ The left hates the gun-part, the right hates any questioning of their holy tax and spend drugwar, and justice is ignored by morons in black dresses. As usual, race has played a role — for some fun you can watch NewsBusters try to deny that obviousity by posting there in an “open thread” (the NB masthead sure as hell ain’t gonna cover the obvious bipartisan mediabias on this one!).
    JMR

  44. Radley,
    That’s terrible. Hopefully, he’ll get some better judges up the line.

    Michael Eubanks is not alone in judges doing unconscienable things this week. This judge in MA just gave a kid double the maximum sentence for selling weed and shrooms because the judge claimed he was “addicted to selling it”.

  45. > Radley’s great and all but he’s only an “ordinary citizen” himself. If you
    > really feel that strongly about this situation start a blog, start writing
    > letters, call a talk show. Get the word out. can’t be that hard to figure out

    I.e,

    “Talk louder!”
    “Blabber bolder!”
    “Yowl endlessly!”
    “Howl at the MOON!”

    ….but no subjected population has ever talked its way out of tyranny. If the government would lie about a flat-out genocide like Waco, committed in broad daylight, do you think it’s afraid of “publicity” over a “cop-killer” (which is the only sound-byte most of Pavlov’s barnyard animals need to hear to make up their mind in this case)?

    Youse guys are Cherishing the Zombie in your belief that yammering can secure Justice in America: http://home.mn.rr.com/meadowbrookhome/z/FALLACYS.HTM#199

  46. “Dealing with those ideas without throwing a fit and unleashing accusations of racism every time your own beliefs are challenged is part of having a grown-up discussion with grown-up people about grown-up topics.”

    Radley, that’s you from the Althouse/Bailey post you made. It’s something worth remembering during your otherwise outstanding reporting on the Maye case. That the State of Mississippi doesn’t see eye to eye with you on the Maye case doesn’t make the state and justice system awash with bigots. Wrong maybe, but the racism charge you hurled at them has little more evidence behind it than Althouse’s hurled at Bailey.

    Granted the stakes are higher (much higher) here, but I’m not sure that’s relevant as to whether a racism charge is fair/unfair.

  47. Again —

    Did you read the article I wrote on this case for reason?

    Race is everything in this particular part of the country. It’s pervasive to the point of suffocating.

    And in case the article wasn’t enough to convince you that race saturates this case, I’d encourage you to read a bit about the informant, whose identity was revealed after the raid:

    http://www.theagitator.com/archives/027052.php

    Or, if you prefer, here’s the audio:

    http://www.theagitator.com/archives/027059.php

    Now consider that this guy has been used to put dozens of black people in jail down there. And every time, he’s described in the warrant as “reliable,” or “trustworthy.”

    If you’re looking for evidence beyond the Cory Maye case, you might consider the case of Jesse Lee Williams, Jr.

    http://www.theagitator.com/archives/026885.php

    I could go on.

    I don’t leap to inject race into places where it doesn’t belong. And I hesitated to make this particular case about race until it felt dishonest not to mention it.

    Sorry. But it’s inescapable.

  48. “Mississippi likes to pretend it has overcome its ugly history of denying black men a fair crack at justice”

    What is that?! Some kind of subliminal message that all black people are prone to using crack or something!?

    Well, huh!?

    Oh, wait, nevermind. . . The nurse just came in, forgot my meds again, . . . sorry

  49. Hey, the informant’s obvously reliably-racist, isn’t that enough for reliablity in that state??
    JMR

  50. Could we impeach or help start the process to impeach Judge Eubanks?
    ========================================
    Get something similar to Jail4Judges on the ballot in your state for the next election cycle. This answers the “give me a task” people also. I’ll be here all week.

  51. Mike Schneider: Youse guys are Cherishing the Zombie in your belief that yammering can secure Justice in America…”

    A tad overwrought, don’t you think? I can think of numerous examples where public outcry has been a catalyst for change.

    The point of my post, of course, was that Radley has little more power in that regard than any of us… with the exception that he is willing to invest the time and effort it takes to bring the issue to light.

  52. Mr. Balko, you are a true American Patriot. Fighting the good fight for those who are without a voice. I wish that the mainstream media had your balls and would call these lying cocksuckers out into the open for the world to see.

    I try to spread the word about this stuff too, to my friends and family. I encourage everyone to do the same, the multiplier effect is enormous and invaluable.

    Radley, from the bottom of my heart, I thank you for your efforts. It is people like you who are a vanguard to us regular folks. If the mainstream media will not toe the line, then let them continue to sell shampoo and detergent. I will continue to get my news from people like you. God bless you sir.

  53. Chalupa’s okay and so is jf, you guys need to shake it off, have a glass of wine (I’ll buy) and move on.

    Thank you, TWC, and I’ll admit that for some reason (probably prescription drug related) I let Chalupa’s comments get under my skin.

    I have a feeling I’d love to drink with you; alas it’ll be a while before I get back out to Californicate.

  54. How long before a citizen defends herself against a police impersonator(s) — either home invasion or unmarked car — and is prosecuted because she should have believed that her assailant was a police officer(s)?

  55. I’ve never heard of a violent home invasion in Dade County, FL, that was NOT a police impersonation. And, like the cops, the crooks sometimes get which house to raid wrong (perfecting the impersonation, I guess). Good thing us citizen units don’t expect there to be a 4th amendment anymore, eh??
    JMR

  56. >> Mike Schneider: Youse guys are Cherishing the Zombie in your
    >> belief that yammering can secure Justice in America…”
    >
    >A tad overwrought, don’t you think?

    Not one bit. I’ve been watching this steamroller mash people wafer flat for three decades now.

    > I can think of numerous examples where public
    > outcry has been a catalyst for change.

    None of them recent, I’ll bet.

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