A new trial for Brian Holliman has not been set, but the defense made a motion to reinstate the previous bond.
“We have not heard back from the prosecution or the court on that,” Holliman’s attorney, Steve Farese, said Thursday.
Holliman, 30, was convicted in December 2009 of the Oct. 25, 2008, shotgun shooting death of his wife at their Caledonia home at 770 Wolfe Road. He was sentenced to life in prison.
His wife, Laura-Lee Godfrey-Holliman, was 24 when she was killed.
The state Supreme Court overturned the conviction earlier this month and sent the case back to Lowndes County for trial, citing misconduct from District Attorney Forrest Allgood.
Holliman appealed on insufficient evidence, lack of change of venue, jury instructions, impermissible argument, admission of his two written statements into evidence and failure to dismiss the indictment.
The court based its decision on the Golden Rule argument, which asks jurors to put themselves in the place of one of the parties in a trial, which is prohibited. Justices referred to a court transcript excerpt in which Allgood asked jurors four times how they would feel with a gun pointed in their faces. Sixteenth Circuit Court Judge Lee Howard presided over the case and allowed the line of commentary, despite repeated objections from the defense.
“The attorney general is seeking a rehearing,” Allgood said. “We’re waiting on finding out if there’s going to be a rehearing at the Supreme Court or what is going on.”
A meeting with Howard and attorneys on both sides to try to set a new trial date should come soon, Farese said.
If the motion to reinstate the previous bond is accepted, Holliman will be released pending a new trial.
Holliman’s bond initially was set at $1 million in Lowndes County Justice Court; he was later released on a $200,000 bond set by Howard.
Brian and Laura Holliman had three children between them, one daughter together.
Holliman is being held at the Marshall County Correctional Facility in Holly Springs, according to the Mississippi Department of Corrections website.
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