re: police exchange gunfire with man on couch during no knock warrant at night

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What? There has to be more to this story. No way an innocent man is on death row because of a bungled no-knock.

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He was, he is out now. Cory Maye.

They served the KNOCK warrant on both sides of a duplex at more or less the same time. Maye was asleep and claims the first thing he heard was them attempting to break in in. He says he never heard them announce. He retreated to his daughter's bedroom and shot the police chief's son as he entered the bedroom first. Maye had no criminal record and even on the "correct" side of the duplex, the other guy didn't have enough weed for them to even bother charging him. So much for the "tip".

Maye was tried and convicted and went to death row. I think he served about 10 years before it got some media traction and his case was remanded for a new trial. Instead of taking his chances he plead to manslaughter and was released on time served.

So there really isn't too much more to the story, someone not subject to the warrant in a different abode from the warrant was sent to death row for killing a cop during a knock warrant. No prior criminal history and no concurrent charges. If it weren't for a nosy journalist he likely would have been put to death.

ETA:


The reversal was a little more technical than just addressing the facts and done on trial court reversible error based on jury instructions. YOu can read the MS Sup Ct opinion here:

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