Maye v. State
2010 Miss. LEXIS 622
| Miss. | 2010Background
- In 2001 Cory Maye fatally shot Officer Ron Jones during the execution of a search warrant on Maye's apartment in Prentiss, Mississippi.
- Maye was charged with capital murder and initially tried in Jefferson Davis County, then granted venue changes to Lamar and Marion counties.
- The Court of Appeals reversed Maye’s conviction on venue grounds, remanding for a new trial, and held Maye was improperly denied a Jefferson Davis County trial.
- The Mississippi Supreme Court granted certiorari to review all issues and vacated the Court of Appeals’ judgment.
- The Court held the trial court abused its discretion in denying defense-of-others instructions (D-8, D-9) and remanded for a new trial with Maye entitled to reassert venue rights in Jefferson Davis County.
- The decision expressly preserves Maye’s right to be retried in the county where the offense occurred on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by denying defense-of-others instructions | Maye’s defense-of-others instruction (D-8) was required to address his claim to defend his daughter. | Maye’s theory could be encompassed by self-defense; D-8 was unnecessary. | Yes; denial of D-8 was error, requiring reversal. |
| Whether Maye is entitled to reassert his venue right on remand | Maye sought to be retried in Jefferson Davis County after appellate reversal. | Venue issues were adequately resolved by prior changes of venue. | Remand granted; Maye may reassert venue rights in Jefferson Davis County. |
Key Cases Cited
- McCrory v. State, 25 So. 671 (Miss. 1899) (recognizes judging defendant by circumstances as they reasonably appeared to him)
- Scott v. State, 42 So. 184 (Miss. 1906) (judge actions by facts and circumstances as they appeared to defendant)
- Robinson v. State, 434 So.2d 206 (Miss. 1983) (Robinson instruction for self-defense framework)
- Manuel v. State, 667 So.2d 590 (Miss. 1995) (requires extending self-defense when supported by evidence)
- Reddix v. State, 731 So.2d 591 (Miss. 1999) (self-defense instructions; proper framing)
- Cohen v. State, 732 So.2d 867 (Miss. 1998) (Robinson-based guidance on self-defense instructions)
- White v. State, 495 So.2d 1349 (Miss. 1986) (venue irrebuttable presumptions in change-of-venue context)
- State v. Caldwell, 492 So.2d 575 (Miss. 1986) (post-appeal reassertion of venue rights after reversal)
- Simon v. State, 688 So.2d 791 (Miss. 1997) (waiver and reassertion of constitutional rights; venue)