State Supreme Court sends convicted killer back to court to clear up federal motion
A man waiting on death row for his execution for the 1996 death of a George County woman will have to return to court.
Blayde Grayson, 37, was convicted in 1997 of killing 78-year-old Minnie Smith after she woke after Grayson broke into her house looking for a weapon to steal.
Grayson, in December 2021, asked the courts to waive his right to appeal and set an execution date.
The state Supreme Court on Friday sent his case back to George County Circuit Court because Grayson has a pending motion asking for his release through federal courts.
The justices, in their decision, outlined three scenarios:
Take Grayson to the Circuit Court of George County and have him make, with federal counsel present, an on the record statement under oath as to whether he wishes to proceed with this motion and waive his appeals;
If his answer is no, the circuit court should enter an order to that effect, forward said order to this court and take no further action;
If the answer is yes, the court shall take whatever steps are necessary to determine if Grayson is competent to waive his appeals and, further, if the decision is voluntarily made.
Upon making said determinations, the trial court is to create an order to waive his rights and forward it to the Supreme Court.
Justice also notes that any final action on Grayson’s motion to waive his appeal rights and set an execution date will not be made until the court has determined the status and effect of the federal proceeding.