Mississippi Today
Supreme Court 5-4 decision paves way for Willie Jerome Manning’s execution
Willie Jerome Manning, sentenced to death for the murder of two Mississippi State University students 30 years ago, “has had his days in court” and now an execution date can be set, the Mississippi Supreme Court ruled Monday.
“Petitioner has had more than a full measure of justice,” Chief Justice Michael Randolph wrote in the majority opinion joined by justices James Maxwell II, Dawn Beam, David Ishee and Kenneth Griffis.
“(Victims) Tiffany Miller and Jon Steckler have not. Their families have not. The citizens of Mississippi have not. Finality of justice is of great import in all cases.”
The court wrote that unnecessary and unjustified delays affect justice and fairness owed to victims and defendants, and the Mississippi Constitution directs the court to balance the rights of both.
Justices James Kitchens, Leslie King, Josiah Colemen and Robert Chamberlin did not agree and joined a dissent order.
This paves the way for the court to set Manning’s execution. Within 21 days after an entry of judgment and issue of a mandate to the trial court, the state will be able to proceed. That timeline could be delayed if there is a rehearing, which Manning’s attorneys have said they plan to pursue.
Krissy Nobile, executive director of the Office of Capital Post-Conviction Counsel, reiterated Tuesday that an execution date has not been set for her client Manning and the case will remain open until the court issues a mandate.
Last year, Lynn Fitch’s office asked the court to set execution dates for him and Robert Simon Jr., who was convicted for the murder of members of a Quitman County family in 1990. Another stay blocked execution until the court considered Manning’s petition for post-conviction relief.
The state tried to set his execution in 2013, which was blocked by a stay. The court allowed Manning to seek DNA and fingerprint testing, but after six years the results were inconclusive.
In its order, the state Supreme Court found multiple procedural bars prevented it from considering Manning’s petition.
Manning filed a petition for post-conviction relief in September 2023, and in it he maintained his innocence and raised new evidence about recanted testimony from three people and questionable firearms evidence used in his case.
The court didn’t accept arguments about newly discovered evidence, ruling his claims were already raised in previous petitions and rejected.
Attorneys presented evidence about recanted testimony from Earl Jordan, Manning’s cousin, who was in jail with him who said in court Manning confessed to killing the students.
“In the last twenty-six years, a majority of this court has never held that the evidence at trial was anything but overwhelming,” the order states. “Jordan’s recanted testimony would not have changed the verdict.”
Manning also presented a 2013 affidavit from a firearms expert that raised doubt about the scientific validity of firearms examinations and conclusions from them.
Under Brady v. Maryland, it is a violation if the state fails to provide a defendant or their defense attorneys with evidence that can be favorable or helpful to their case. The court said Manning’s claims of Brady violations through the recanted testimony have already been rejected in previous applications for post conviction relief.
In an updated version of his petition, Manning argued the court is able to make exceptions to procedural bars like it did in two other death penalty cases, which the court denied in its order.
In a four-page dissent, Kitchens wrote the court “perverts its function as an appellate court and makes factual determinations that belong squarely within the purview of the circuit court.”
If the court finds an important witness like Jordan recanted testimony and offers a reason for giving false testimony at trial, defendants are entitled to an evidentiary hearing to find whether the witness lied at trial or in an affidavit. Kitchens writes that this did not happen for Manning but has happened in other cases.
The court should remand the case to the circuit court for an evidentiary hearing to determine whether there could be a different outcome without Jordan’s testimony and the truthfulness and timeliness of his recantation, the dissent order states.
“Only then should this court consider — under the appropriate standard of review — the merits of Manning’s request for post-conviction relief,” Kitchens wrote.
In 2015, Manning was exonerated of the 1993 murders of two women in Starkville.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
A Mississippi town moves a Confederate monument that became a shrouded eyesore
GRENADA (AP) — A Mississippi town has taken down a Confederate monument that stood on the courthouse square since 1910 — a figure that was tightly wrapped in tarps the past four years, symbolizing the community’s enduring division over how to commemorate the past.
Grenada’s first Black mayor in two decades seems determined to follow through on the city’s plans to relocate the monument to other public land. A concrete slab has already been poured behind a fire station about 3.5 miles (5.6 kilometers) from the square.
But a new fight might be developing. A Republican lawmaker from another part of Mississippi wrote to Grenada officials saying she believes the city is violating a state law that restricts the relocation of war memorials or monuments.
The Grenada City Council voted to move the monument in 2020, weeks after police killed George Floyd in Minneapolis. The vote seemed timely: Mississippi legislators had just retired the last state flag in the U.S. that prominently featured the Confederate battle emblem.
The tarps went up soon after the vote, shrouding the Confederate soldier and the pedestal he stood on. But even as people complained about the eyesore, the move was delayed by tight budgets, state bureaucracy or political foot-dragging. Explanations vary, depending on who’s asked.
A new mayor and city council took office in May, prepared to take action. On Sept. 11, with little advance notice, police blocked traffic and a work crew disassembled and removed the 20-foot (6.1-meter) stone structure.
“I’m glad to see it move to a different location,” said Robin Whitfield, an artist with a studio just off Grenada’s historic square. “This represents that something has changed.”
Still, Whitfield, who is white, said she wishes Grenada leaders had invited the community to engage in dialogue about the symbol, to bridge the gap between those who think moving it is erasing history and those who see it as a daily reminder of white supremacy. She was among the few people watching as a crane lifted parts of the monument onto a flatbed truck.
“No one ever talked about it, other than yelling on Facebook,” Whitfield said.
Mayor Charles Latham said the monument has been “quite a divisive figure” in the town of 12,300, where about 57% of residents are Black and 40% are white.
“I understand people had family and stuff to fight and die in that war, and they should be proud of their family,” Latham said. “But you’ve got to understand that there were those who were oppressed by this, by the Confederate flag on there. There’s been a lot of hate and violence perpetrated against people of color, under the color of that flag.”
The city received permission from the Mississippi Department of Archives and History to move the Confederate monument, as required. But Rep. Stacey Hobgood-Wilkes of Picayune said the fire station site is inappropriate.
“We are prepared to pursue such avenues that may be necessary to ensure that the statue is relocated to a more suitable and appropriate location,” she wrote, suggesting a Confederate cemetery closer to the courthouse square as an alternative. She said the Ladies Cemetery Association is willing to deed a parcel to the city to make it happen.
The Confederate monument in Grenada is one of hundreds in the South, most of which were dedicated during the early 20th century when groups such as the United Daughters of the Confederacy sought to shape the historical narrative by valorizing the Lost Cause mythology of the Civil War.
The monuments, many of them outside courthouses, came under fresh scrutiny after an avowed white supremacist who had posed with Confederate flags in photos posted online killed nine Black people inside the historic Emanuel African Methodist Episcopal Church in Charleston, South Carolina, in 2015.
Grenada’s monument includes images of Confederate president Jefferson Davis and a Confederate battle flag. It was engraved with praise for “the noble men who marched neath the flag of the Stars and Bars” and “the noble women of the South,” who “gave their loved ones to our country to conquer or to die for truth and right.”
A half-century after it was dedicated, the monument’s symbolism figured in a voting rights march. When the Rev. Martin Luther King Jr. and other civil rights leaders held a mass rally in downtown Grenada in June 1966, Robert Green of the Southern Christian Leadership Conference scrambled up the pedestal and planted a U.S. flag above the image of Davis.
The cemetery is a spot Latham himself had previously advocated as a new site for the monument, but he said it’s too late to change now, after the city already budgeted $60,000 for the move.
“So, who’s going to pay the city back for the $30,000 we’ve already expended to relocate this?” he said. “You should’ve showed up a year and a half ago, two years ago, before the city gets to this point.”
A few other Confederate monuments in Mississippi have been relocated. In July 2020, a Confederate soldier statue was moved from a prominent spot at the University of Mississippi to a Civil War cemetery in a secluded part of the Oxford campus. In May 2021, a Confederate monument featuring three soldiers was moved from outside the Lowndes County Courthouse in Columbus to another cemetery with Confederate soldiers.
Lori Chavis, a Grenada City Council member, said that since the monument was covered by tarps, “it’s caused nothing but more divide in our city.”
She said she supports relocating the monument but worries about a lawsuit. She acknowledged that people probably didn’t know until recently exactly where it would reappear.
“It’s tucked back in the woods, and it’s not visible from even pulling behind the fire station,” Chavis said. “And I think that’s what got some of the citizens upset.”
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Crooked Letter Sports Podcast
Podcast: New Orleans sports columnist and author Jeff Duncan joins the podcast to talk about his new Steve Gleason book and the new-look New Orleans Saints.
Jeff Duncan went from the Mississippi Book Festival in Jackson on Saturday to Jerry World in Dallas on Sunday where he watched and wrote about the Saints’ total dismantling of the Dallas Cowboys. We talk about both events and also about what happened in high school and college football last weekend and what’s coming up this weekend.
Stream all episodes here.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1899
Sept. 18, 1899
Scott Joplin, known as “the King of Ragtime,” copyrighted the “Maple Leaf Rag,” which became the first song to sell more than 1 million copies of sheet music. The popularity launched a sensation surrounding ragtime, which has been called America’s “first classical music.”
Born near Texarkana, Texas, Joplin grew up in a musical family. He worked on the railroad with other family members until he was able to earn money as a musician, traveling across the South. He wound up playing at the World’s Fair in Chicago in 1893, where he met fellow musician Otis Saunders, who encouraged him to write down the songs he had been making up to entertain audiences. In all, Joplin wrote dozens of ragtime songs.
After some success, he moved to New York City, hoping he could make a living while stretching the boundaries of music. He wrote a ragtime ballet and two operas, but success in these new forms eluded him. He was buried in a pauper’s grave in New York City in 1917.
More than six decades later, his music was rediscovered, initially by Joshua Rifkin, who recorded Joplin’s songs on a record, and then Gunther Schuller of the New England Conservatory, who performed four of the ragtime songs in concert: “My faculty, many of whom had never even heard of Joplin, were saying things like, ‘My gosh, he writes melodies like Schubert!’”
Joplin’s music won over even more admirers through the 1973 movie, “The Sting,” which won an Oscar for the music. His song, “The Entertainer,” reached No. 3 on Billboard and was ranked No. 10 among “Songs of the Century” list by the Recording Industry Association of America. His opera “Treemonisha” was produced to wide acclaim, and he won a Pulitzer Prize in 1976 for his special contribution to American music.
“The ragtime craze, the faddish thing, will obviously die down, but Joplin will have his position secure in American music history,” Rifkin said. “He is a treasurable composer.”
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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