At 10:00 the COA will hear the case of La’Darrian McCray v. State of Mississippi.
McCray was indicted in Hinds County on one count of first degree murder, one count of
aggravated assault, and one count of arson. The court directed a verdict on the arson and the jury convicted him on the murder and aggravated assault charges. He was alleged to have killed Glentez Brown while Brown was heading into his apartment holding his three-month old son. McCray was arrested after Brown’s wife Ashley told police the next day that she had seen McRay walk past their window with a gun in his hand and that after she heard gunshots she opened the door and saw a truck leaving the scene. She recognized the man in the truck as McCray. McCray argues on appeal that his trial counsel was ineffective for failing to request a circumstantial evidence instruction. He also argues that it was ineffective for his attorney to withdraw the motion for a new trial and argue only a motion for jnov.
Watch the argument here
The case was originally submitted without argument. Apparently the justices have questions they need answered.