Jackson Jambalaya

It's showtime.  The Mississippi Supreme Court is hearing oral arguments in Carly Gregg's appeal.  A Rankin County jury convicted Gregg of murder in the killing of her mother and attempted murder in the shooting of her stepfather.  The hearing is live-streamed below.  

Six justices are in attendance. Attorneys Brad Clanton and James Murphy represent Gregg.  

Gregg's Oral Argument  

* Murphy points out legislature change capital murder law in 2024 for juveniles.  Jury given option of sentencing defendant to life in prison or life in prison without parole.   Claims it makes the Miller case obsolete. 

Miller framework does not apply to this case.  The sentencing phase of this case consisted of Court announcing verdict and moving immediately to asking State if it wanted to call first witness.  State and defense rested on evidence and went to argument only.  Murphy says the "immediate pivot" to sentencing violated Miller.  No opportunity to call witnesses, family members, friends, or teachers.  There was no pre-sentencing report.  

* Entire case from indictment to sentencing took only six months.   

*  State told jury during sentencing "if you give her life with possibility of parole.  We don't know when she will get out.  She could get out in as little as a year. You may see her at the supermarket.  You may see her at church."  Murphy says the statement is improper and inflammatory.  There was no strategic reason for using such rhetoric. 

*  Jury asked how long Gregg would serve if given life with possibility of parole.  

*  Coleman points out no objections were made at sentencing that would have preserved the matter for appeal.  Murphy cites a 1985 case where prosecution gave defense opportunity to present mitigation, which defense declined to do.  Court vacated sentence, holding trial court should review all factors for sentencing even if not presented by defense.  

* Judge Arthur said "this court does not continue cases."  This posture "shaped atmosphere of litigation."  Case law says such blanket statements are not allowed.  

Halfway through defense oral argument and barely any questioning by the justices. 

* Griffis asked where in the record is there a motion to grant continuance.  Murphy says there was not such a motion.  Griffis asked if there was a reason for a continuance.  Defense counsel replies defense could not make objection after such a ruling made.  Coleman jumped in and said motions could be made even after the ruling.  Murphy says it "chilled" the defense but Griffis disagreed, said he did not see such a chilling in the transcript.  

State

 Justice King gave prosecution an additional nine minutes. Allison Hartman represents the State. 

* Most of the defense's claims are waived because they were not raised in the trial court.  

*  Argues Supreme Court and Mississippi Supreme Court never spelled out the procedures for a Miller hearing.  

* Just because Gregg wants to provide more evidence doesn't mean she didn't receiver everything she was "entitled to."  

* Gregg withdrew her own jury instructions and agreed to the State's instructions. 

* "It's a stretch" to say Judge said he would not continue the case.  Gregg never moved for a continuance.  Thus nothing ripe for Court to consider such because the motion was not submitted. ''

State rested with eight minutes to spare.