via Professor Kim
Quote of particular note:
Under Mississippi law, people who believe intruders will do them "some great personal injury" in their homes have the right to defend themselves.
Black folks too, right? I mean, it's not about race, right?
Hearing for new trial set amid twists, turns
By Jerry Mitchell
While lawmakers debate broadening Mississippians' right to kill intruders, Cory Maye is fighting to get off death row for shooting a Prentiss police officer who raided his home.
On Jan. 23, 2004, a Marion County jury sentenced Maye to die by lethal injection. Now, more than two years later, a hearing on whether Maye, now 25, deserves a new trial is set for June 20.
"I honestly believe there's been an injustice," said his new attorney, Bob Evans of Monticello. "It's a tragedy no doubt that Officer Ron Jones lost his life, but a double tragedy is that Cory, who wasn't out seeking trouble, ends up on Mississippi's death row."
Maye, who had no prior criminal record, testified he had fallen asleep in the chair when officers raided his duplex the day after Christmas in 2001 in search of drugs. He had been watching his 18-month-old daughter while his wife worked a late shift.
He testified he didn't hear police announce themselves, grabbed his .380-caliber pistol and fired in self-defense.
But prosecutors say jurors didn't believe Maye's story, and neither should anyone else.
After receiving a tip from a confidential informant regarding possible drugs, the Pearl River Basin Narcotics Task Force raided the duplex where Jamie Smith, 21, lived. The warrant listed his name, but not Maye's.
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The news story adds to the
The news story adds to the confusion. Since the building where Corey Maye resided is referred to as a duplex it means that there were two units in the building. If Corey Maye and Jamie Smith did not reside in the same unit together then what explanation do the police offer for breaking into Mr. Maye's unit if his unit was not occupied by Jamie Smith? The reference in the news story to the police finding a remnant of a marijuana "cigarette" in Mr. Maye's apartment is just an effort by the police to make him look like a drug dealer. Even if the cops had found a kilo of grass in his unit it still does not mean their entry into his apartment was lawful.
The case against Maye seems
The case against Maye seems rotten through and through. All that butch self-defense stuff, that is for white guys I guess.
If Corey Maye and Jamie
They saw a light come on.
Must be Pavlovian.
After receiving a tip from a
After receiving a tip from a confidential informant regarding possible drugs, the Pearl River Basin Narcotics Task Force raided the duplex where Jamie Smith, 21, lived. The warrant listed his name, but not Maye's.
If the warrant was properly drawn then it would have also listed Jamie Smith's address, which was not the same as Mr. Maye's. The United States Postal Service, for example, would have required the owner of the building to use two addresses for the mail to be delivered. One address could have been, for example, 2501 Maple Drive and the other could have been 2503 Maple Drive. Or , 2501A Maple Drive and 2501B Maple Drive.
In any case, a properly drawn warrant would have specified where Jamie Smith actually resided if his residence was targeted for a raid. The news story never makes this point clear and, consequently, it only serves to present the issue as if the prosecution and defense are both offering equally compelling arguments. The claim by the police that they saw a light go on inside of Mr. Maye's unit means nothing at all save for an effort to undermine his own claim that he was asleep when the police broke into his apartment.