New Trial for Cory Maye

I'll have more details after I've read the opinion. But this afternoon, the Mississippi Court of Appeals granted Cory Maye a new trial. This is great news.

My original article on Maye's case here.

And here's the Reason.tv documentary on Maye's story:

Comments

[Paul]

Wow. Good news. Really good news. Good luck to Maye. It seems news like this is so rare, these days. Thanks for your reporting on this, Radley.

[Aresen]

Radley, this is great.

Thank you once again for all your work on the case.

[Dashi]

Can he help the Iranians too?

TEHRAN (Reuters) - Five people have been sentenced to death and 81 have received jail terms of up to 15 years in connection with unrest after Iran's disputed June election, state broadcaster IRIB reported Tuesday.

Citing a statement by the public relations office of Tehran's provincial court, it said those sentenced to death were affiliated to or members of "counter-revolutionary groups." It said the verdicts can be appealed.

It was not immediately clear if the five were the same as those reported by an Iranian rights group earlier this week to have been sentenced to death. The IRIB report did not name any of the accused.

http://ca.news.yahoo.com/s/reu.....entences_2

[Kroneborge]

Sure, once we invade Iran. Should be any day now, lol

[Dashi]

Silly boy! America doesn't have to invade Iran to have Balko write about that country possibly executing dissidents.

[Aresen]

Yeah, Radley can execute his own dissidents.

[BBB]

Excellent news!

[J sub D]

YAY!

[No Name Guy]

'Bout time.

Keep up the good work Radley and the rest like you.

[Ska]

A rarity indeed.

[Lester Hunt]

Congratulations to all!

[Reader]

This is the best news I've heard in a while. Please let things turn out right this time!

[JW]

Excellent news Radley!

No doubt that your work contributed to this most welcome outcome.

[BakedPenguin]

If this is a "sucker" set up, we're gonna be pissed...

Srsly, great news.

[Xeones]

What with the Radley Balko byline and all, i was totally expecting a punch in the dick from this. Color me pleasantly surprised.

[Aresen]

Unfortunately, this is only a new trial, not an acquittal.

Not trying to depress you, but there is plenty of opportunity to get depressed yet.

Of course, the fact that Cory Maye was charged in the first place is a reason to be depressed.

[Episiarch]

Don't worry, Radley will be sure to sucker punch you in the junk soon enough, X. However, might as well take good news when we can.

[Spoonman]

Fuck yeah.

[Atabrat]

Thank you for posting something that's not completely depressing. Two in two weeks: Is the tide turning?

(Don't answer that.)

[Andrew S.]

Spectacular news, Radley. You deserve an award for the work you've done on this case.

I'll be interested in reading the opinion once it becomes available.

[Freedonian]

From Jackson MS - This is best news of the week. Thanks, Radley, for your hard work on this!!!

[Lord Jubjub]

Evidently, the conviction was overturned because Maye's 6 Amendments rights were violated.

Specifically, by an impartial jury of the State and district where in the crime shall have been committed

[ransom147]

awesome news! thanks for all you do Mr. Balko.

[Speaking of Trials]

New York's Gov. David Paterson is not happy with the White House's decision to bring Khalid Sheikh Mohammed and four other enemy combatants to New York for civilian trials, reports WCBS-TV:

"This is not a decision that I would have made. I think terrorism isn't just attack, it's anxiety and I think you feel the anxiety and frustration of New Yorkers who took the bullet for the rest of the country," he said.

Paterson's comments break with Democrats, who generally support the President's decision.

"Our country was attacked on its own soil on September 11, 2001 and New York was very much the epicenter of that attack. Over 2,700 lives were lost," he said. "It's very painful. We're still having trouble getting over it. We still have been unable to rebuild that site and having those terrorists so close to the attack is gonna be an encumbrance on all New Yorkers."

Paterson also said that the White House warned him six months ago this very situation would happen.

Whoa, hold on a second, Governor? The White House told you six months ago that they were going to put your constituents through this? Gee, thanks for letting us know.

Here's a question: If the White House made up its mind about this six months ago--that would be in May, roughly four months after President Obama's inauguration--why did it wait until last week to make the announcement? That it was the week after an election is bound to raise suspicions that the timing was politically motivated.

[MNG]

Thanks for the threajack doofus.

[Speaking of Trials]

You're welcome, chicken little.

[Hugh Jass]

Don't think you get to call anyone Chicken Little if you're the one pissing your pants over this.

[Speaking of Trials]

Please get out of my pants.

BTW, not pissing in my pants (I suspect you're projecting), just find it odd that this info was withheld until after the election.

[ControlV]

James Taranto, is that you?

[Juanita]

Good luck too him! We must not forget however that this is really only an isolated incident in the war on drugs.

[ransom147]

- 1

[ransom147]

minus one

[Lord Jubjub]

Argh, that was poorly written. I'll paste the 6th amendment here and bold the relevent part.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence

[Michael Yuri]

The opinion is available on the Mississippi courts website:
http://www.mssc.state.ms.us/ap.....sions.html

The new trial was granted solely on the change of venue argument.

The Court found against Maye on every other issue: Hayne's testimony was okay, it was proper for the prosecutor to argue that the police could have just killed Maye in revenge, the search warrant was valid, Maye wasn't entitled to a defense of others jury instruction, etc.

But, he gets a new trial, which is really what's most important here.

The dissenting judge would have found against Maye on the venue issue too, arguing that the court's venue decision is inconsistent with MS Supreme Court precedent. I wonder whether the government will appeal this decision.

[Freedonian]

"I wonder whether the government will appeal this decision."

Man, did you really have to blow my high with a dose of reality? Jeeeezzz

[TrickyVic]

"""The Court found against Maye on every other issue: Hayne's testimony was okay,"""

The problem isn't Hayne, it's those who allow his testimony. Best I can tell, this isn't a real victory. The same bullshit will probably be allowed at the next trial, and a jury of his peer will see it about the same.

I would be curious why they changed venues. Sometimes, it's a good thing for the defendant.

[TrickyVic]

"""The Court found against Maye on every other issue: Hayne's testimony was okay,"""

The problem isn't Hayne, it's those who allow his testimony. Best I can tell, this isn't a real victory. The same bullshit will probably be allowed at the next trial, and a jury of his peer will see it about the same.

I would be curious why they changed venues. Sometimes, it's a good thing for the defendant.

[Lord Jubjub]

The original venue was in a majority black district. The DA tried to get it tried in a nearby majority white district but was forced to accept it being tried in another district that was less majority white.

This means that Maye will be tried in the original majority black district that the original DA feared would acquit Maye.

[Tulpa]

According to Radley's original article (page 5), it wasn't the DA who tried to get the change of venue -- it was Maye's utterly incompetent defense attorney. Seriously, he would have been better off having Frito Pendejo defending him.

[Jackson]

I don't think I've ever commented here before but this is such great news! I've been following Mr. Maye's story and he's been in my prayers along with so many other victims of injustice.

It's not over 'til it's over, but this is wonderful news. Congratulations.

[Lorraine Sumrall]

Thank you so much, Radley, for all you've done concerning this particular case. I'm absolutely THRILLED to hear this wonderful news.

[d]

Hallelujah! There's hope for Mississippi after all (albeit a very small glimmer of hope that is the product of years worth of prodding and incessant shouting out loud about how fucked up and patently wrong this is by the likes of Balko).

[MNG]

"There's hope for Mississippi after all"

Indeed, maybe they are well on their way to the 19th century after all!

[Aresen]

Win.

[?]

Between now and the Corey May Convicted Again In Same Bullshit Way headline, several whole work-lives of income will be wasted on lawyers and lawyering. Great news.

[MNG]

This is good news.

[janet E. Peterson-Bryan]

This is such wonderful news. Now, perhaps, justice will be done!

[matt]

Chalk one up for justice and hard work!

Great Job. Your earlier posts spurred me and a few friends to write to the Governor. What about a defense fund?

[tree hugging sister]

Bravo, Radley! Kudos to you and everyone who worked so hard for this shot ~ the rest of us could only help by praying and hoping.

NOW I hope and pray this opportunity is used to its best potential.

[Mad Max]

The opinion says Maye's lawyers at the original trial never challenged Hayne's qualifications as an expert witness.

Hmmm . . . I wonder whether the lawyers at the new trial will similarly acknowledge Hayne's expertise? ?

[Tulpa]

According to Radley's original article, Maye's trial lawyer was utterly incompetent. Hopefully IJ or someone provides him with some quality representation this time. I'd donate to that.

[Attorney]

Awesome work by Mr. Balko.

Choke on it, MSM.

[RL]

He's still in prison, guys. And even if this works out, he'll likely still be in prison for some time.

[Jeffersonian]

A glimmer of hope for a guy who shouldn't be in prison to begin with. Let's hope justice can be done and Mr. Maye returned to his family.

[B]

This will only be great news if the state of Mississippi doesn't pull a "same shit, different day" scenario on him.

[James Ard]

This trial needs to be all about Hayne. While I'm not optimistic, this could end up helping a lot more people than just Maye. Hopefully we can get some first class lawyers working on this thing.

[Liberty Gal]

So happy for both Cory and you Radley. You've done an excellent job!

[HLM]

He'll lose this one, too.

[Aresen]

Thanks for your cheery assessment.

May a diseased zebra pee in your beer.

[HLM]

And a syphillitic skunk spooge in my mayonaise. He's still going to get shafted again.

[Judi]

GIANT KUDOS TO RADLEY! Great news for Cory Maye. Now folks gimme more signature on my petition to help more 'Cory Mayes' in Mississippi. I am petitioning the state of Mississippi to re-open the tainted cases of Drs. Steven Hayne and Michael West. Here's the link: http://www.gopetition.com/online/25939.html

PASS IT AROUND!

Thanx

[Charlie]

Oh My God! I had no idea he was at Parchman Farm.

Being in prison in Mississippi ain't good. Being at Parchman is worse by several orders of magnitude.

This whole thing is a bunch of shit. A couple of swinging dick cops decide to put another notch on their guns based on info provided by some creepy racist hippie, and when the deal goes down one of the cops is dead. I understand the good people of Prentiss wanting the man who killed their church baritone punished, but this is still a bunch of shit!

This is only one example of justice denied by paramilitary tactics. Waco and Ruby Ridge will always haunt me. I don't give a damn about religious cults or gun runners, but both cases piss me off. If the fat sheriff had wadled up to the door and said "Randy, let's go downtown" he would have complied. The use of ham-handed paramilitary tactics gets you dead people.

Charlie

[Mike Giles]

I watched the video, and what I find frightening is the assumption, on the part of one of those interviewed, that he should have "known" they were cops? I wish some one had followed up and asked her why?

Why should anyone assume that someone breaking down your door, in the middle of the night, is the police? Especially if you, aren't guilty of any criminal act whatsoever? Have we become that acclimated to living in a police state?

[Daniel]

This is very heartening news. I have been ever watchful for this hopeful piece of news ever since I first read of this case. I hope it helps Cory this time.

[Michael Ejercito]

I have always wondered why the Free Mumia crowd never took up Cory Maye's cause.

Cory Maye is a much better poster boy for injustice than Mumia Abu-Jamal.

[HLM]

Because "Free Cory Maye" is not a fashion statement.

[Mike Giles]

"I have always wondered why the Free Mumia crowd never took up Cory Maye's cause."

Because Mumia is supposed to be some kind of "activist", and there is an element which has never lost its romantic attachment to "revolutionaries". Seeing them as not having to obey the same laws as the rest of us.

[Smokey]

I'm of the opinion that this is a set up. I'm not sure why it was done, but with the CI using the language he did on the answering machine and the fact that the other occupant, who had drugs clearly out in plain sight, has yet to go to court, this stinks of a railroad job.

[An Average American]

Excellent! Perhaps justice will finally prevail for Cory Maye ... though I'm sure none of those responsible for this miscarriage of justice will even have their wrists slapped.

[Bronwyn]

omygodomygodomygod!!!!!

*bounce*

If I could, Radley, I'd reach right through my monitor and kiss you!

I'll write to Cory this afternoon... *SO HAPPY!!*

[Silver Creek, MS]

It's been a long time coming. Our prayers have not gone unanswered. I demand you to loose those shackles! We love you Corey, and thank you Radley and all of the attorneys for your dedication and hard work thus far. For the rest of you out there, thank you for your prayers and support. Please continue to pray, because this battle is not over yet. We will be a family again!