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.
27 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.
@ September 27, 2024 at 2:56 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."
Except maybe when the constitutionality of the state law or court procedure (civil rights) is in question.
She will remain behind bars indefinitely while the legal eagles decide what - if anything - to do.
We have all been waiting on Todd to show her cards.Go Fish is for preschoolers! Point 5 fingers back at you Bridget. This is on you & Camp!
September 27, 2024 at 4:28 PM
And that only applies to MANDATORY life sentence without parole for minors.
Does she deserve prison yes but life with no chance of parole? No! Take in mind adults without mental health issues don’t always get life without the chance of parole. She was 14 with mental health issues.
Her full-of-shit arguments reminds me of Otter’s speech to the student council in Animal House:
But you can't hold a whole fraternity responsible for the behavior of a few, sick twisted individuals. For if you do, then shouldn't we blame the whole fraternity system? And if the whole fraternity system is guilty, then isn't this an indictment of our educational institutions in general? I put it to you, Greg - isn't this an indictment of our entire American society? Well, you can do whatever you want to us, but we're not going to sit here and listen to you badmouth the United States of America. Gentlemen!
It is unfortunate with Gregg's age she is too young to realize she can get a new trial, but she will have to get a new attorney. I can't see Todd saying she fumbled and bring in help.
5:55 for today’s win!
I feel like a jury of Carly's peers wrote this motion.
Or so has been said - along with a number of other misstatements by the counselors. I imagine that the expert from Harvard didn't come down here for free, nor did the expert they used for several months (and for some 'unknown reason' they chose not to use) provide his services for free. And best I understand the law, the attorneys are not allowed to pay those fees.
While the claim was made that they served pro bono, I'm not sure I believe that any more than I believe that the dog at their homework while they were supposed to be reviewing those 10,000 pages of discovery.
Good job, Kingfish. To me, the nail in the coffin...The motion does not cite any case law or statutes.
In her pleading she says she is associated with "Cole Todd Legal Group, PLLC," but the actual name of the entity is "Coleman Todd Law Firm, PLLC."
Hey Bridget did you listen to Kevin Gregg? He said Carly isn’t INSANE AND KNEW RIGHT FROM WRONG! As far as Dr. Clark, the jury listened & reached a verdict. When a person goes to the doctor, the 1st thing a doctor does is review your past medical history. Not reviewing previous medical records & saying nothing was important until after she killed her mother is unbelievable! Kathryn Newman & co-council did an outstanding job! That is all any of us want to hear along with the entire courtroom staff including the judge & security!
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