Carly Gregg filed a motion for a new trial yesterday in Rankin County Circuit Court. A jury convicted her last week of first-degree murder and attempted murder and sentenced her to life in prison without parole. Gregg was 14 years-old when she killed her mother and shot her stepfather on March 19. The motion also asked Circuit Judge Dewey Arthur to throw out the verdict in the alternative.
Attorney Bridget Todd filed to motion on behalf of Gregg. Todd argued:
* Gregg was not tried by a jury of her peers. Gregg is 15 years-old. Jurors must be at least 21 years old to serve on a jury. However, Mississippi law allows minors such as Gregg to be certified as adults if they commit certain crimes. Todd posited "these two fundamentally opposing legal standards can not be rectified. This contradiction in law constitutes a new trial or in the alternative, a judgment notwithstanding the verdict."
* The state admitted there was an absence of motive. Since it does not support the verdict, Gregg must get a new trial or a JNOV.
* Carly's father, Kevin Gregg, was interviewed by WLBT on September 26. Kevin allegedly said in the unaired portion of the interview that Carly was placed in equestrian therapy as a child "due to experiencing auditory hallucinations (hearing voices). The new "information" supports Dr. Clark's diagnosis of an unspecified schizophrenic disorder. Since the new "information" would "likely" lead to a new trial, Gregg is entitled to a new trial.
* Gregg "timely disclosed her witness list" to the state 13 days prior to trial on September 3. The discovery was due on August 20 per Judge Arthur's order. The state did not produce its witness list until September 8. Todd complained the Court found Gregg "engaged in a willful discovery violation" in order to gain a tactical advantage at trial. The Court struck two defense witnesses. Todd calls the "radical sanction" improper and a gross violation of Gregg's Sixth Amendment rights.
Todd argues her client should not be placed in an adult prison or have to wait for the appeals courts to adjudicate this issue.
* Forensic psychiatrist Dr. Jason Pickett testified as an expert witness for the prosecution at trial. Todd said his testimony was "improper, unethical, and highly prejudicial at trial" when he commented on Kevin Gregg's mental condition. He has no experience dealing with children and thus his testimony was prejudicial against Carly Gregg.
* The Court erred in granting all of the state's pre-trial, trial, and post-trial motions while denying all of same motions by the defense. Well, Miss Todd, perhaps you should have filed your motions on time instead of past the deadlines.
* The sentence violates Gregg's Eighth and Fourteenth Amendment rights.
The motion does not city any case law or statutes.
14 comments:
"Todd argued:
* Gregg was not tried by a jury of her peers. Gregg is 15 years-old. Jurors must be at least 21 years old to serve on a jury. However, Mississippi law allows minors such as Gregg to be certified as adults if they commit certain crimes. Todd posited "these two fundamentally opposing legal standards can not be rectified. This contradiction in law constitutes a new trial or in the alternative, a judgment notwithstanding the verdict."
Sometimes you wonder, other times you know, why you are reading a novel legal argument.
Waahhh I was found guilty. I want a new trial.
Taking bets on how quickly it gets denied.
Isn't getting this appeal denied the first step on the way to the US Supreme Court?
Exploit completed!
Was ineffective assistance of counsel listed?
"The motion does not city any case law or statutes. "
Save a tree!
If she is legally too young to consent to sex then she should never be tried as an adult. Period. How do you reconcile her mental inability to consent to one and not the other?
They should also argue that the judge threw out the motion to use an insanity defense because Carly smoked marajuana. I don't know about you, but I'm not aware of anyone going insane from smoking marajuana. The judge was just one of these rankin county bible thumpers that hates weed.
@2:18 PM Au contrair; you obviously haven't watched the peer reviewed documentary "Reefer Madness." Full disclosure: it was peer reviewed by the highly acclaimed scientists Doctors Cheech and Chong.
Once again, her family that paid for these idiot attorneys to defend her are morons. She should instead claim ineffective assistance of council. Dewey may agree on that one. 🤣
September 27, 2024 at 2:01 PM
No. States have the express right over handling criminal affairs not charged under Federal statutes. The highest it will go is MS Supreme Court. That assumes that the Appeals court hears the case. Which is unlikely.
Looks like Camp got the heave ho.
US Supreme Court? Uh, no.
2:47 Her family did not pay for the attorneys. The attorneys took the case pro bono.
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