At 2:00, Wednesday, April 1, 2015, the COA will hear Antwine Equality Graves v. State.
Graves was convicted of murder and sentenced to life without parole in 2002. He was accused of shooting and killing Marlon Bland outside the Blue Note Lounge in Biloxi after the two got into an argument inside the lounge.
The conviction was affirmed on direct appeal. Graves v. State, 914 So.2d 788 (Miss. App. 2005). Graves filed a motion for post conviction relief arguing that the two people who claimed that they saw Graves shoot Bland did not actually see Graves shoot Bland. Bland’s friend Fairley lied when he said he saw Graves shoot Bland. And on a 911 tape, Bland’s brother stated he did not see who shot Bland. After a hearing the trial court denied relief finding that Fairley was not credible when he recanted seeing Graves shoot Bland. The court refused to consider the 911 tape since the three people who spoke to dispatch did not identify themselves. Graves appealed.
The State’s brief.
Oral argument can be viewed here.