By Anna McKenzie
Creative Loafing: How are you arguing the case in court? (click here)Miller W. Shealy Jr.: We're proceeding on two grounds. First, a motion for after-discovery evidence and for a new trial under criminal procedural rules of the state. I have filed motions requesting coram nobis, a 500-year-old writ dating back to English common law. It's fallen out of use in criminal cases, but basically allows a court to correct certain legal errors for people who have been unjustifiably treated. It's a last best hope kind of thing. Even in 1944, to be arrested at the end of March and dead by June and not have an appeal was a rare thing. His family wasn't even allowed to see him. It's extreme injustice.
Why did the family re-open the case now?All of his full siblings are still alive. They're hurt, they're angry and they want their family name cleared. Apparently, everyone up in the Manning and Clarendon County area knows about this. It's local legend.
What are the case's chances, and what comes next?It's hard to say. It's a different case legally. There's also no square authority against us, so we're plowing new ground. We may be making some new law. After about 20 days, we'll be called into court and the judge will issue a ruling.
December 18, 2014
By Lindsey Bever
“[The police] were looking for someone to blame it on, so they used my brother as a scapegoat,” his sister Amie Ruffner told WLTX-TV earlier this year....
