Marcus Taylor: Illegally incarcerated and fighting for just compensation
By Joshua Martin
JA Engagement Editor
Marcus Taylor, whose sentence was deemed illegal by the Mississippi Court of Appeals, spent nearly six additional years in prison beyond what the court later determined was lawful. While Governor Tate Reeves granted clemency to Marcus Taylor and his brother Maurice Taylor, civil rights attorney Malik Shabazz and a coalition of supporters continue to seek just compensation for Taylor and legislative reforms designed to prevent similar cases from occurring in the future.
Shabazz says the fight for justice in Marcus Taylor’s case extends far beyond one individual, describing it as part of a broader effort to address systemic failures in Mississippi’s criminal justice system and throughout the South.
When asked who bears responsibility for Taylor’s unlawful incarceration, Shabazz did not limit blame to a single party, saying, “Marcus and his brother Maurice were both failed by their lawyers, prosecutors, and judges.”
According to Shabazz, the issue was not formally raised until July 11, 2024, when the Mississippi Court of Appeals identified the illegality of the brothers’ sentences.
“Up until that point, Marcus languished in jail and was another victim of injustice in Mississippi,” Shabazz said.
He was particularly critical of the legal representation Taylor received, arguing his defense attorneys should have identified the sentencing issue years earlier.
“A diligent and reasonable lawyer must ensure that his client is not being sentenced to extra time for a crime the client did not commit,” Shabazz said. “Marcus was failed by two of his defense lawyers who should have cured this problem from the outset in 2015.”
While Taylor has now regained his freedom, Shabazz argues that release alone is not enough to make him whole.
“No amount of money can replace the years Marcus Taylor lost,” he said, but compensation remains an important part of achieving justice.
Under Mississippi Code Title 11, Chapter 44, persons wrongfully convicted may receive up to $50,000 for each year of incarceration, with a maximum payout of $500,000. However, Shabazz notes Taylor’s situation potentially might not be covered by this statute because he was not exonerated or fully pardoned. Instead, he was illegally sentenced and granted clemency by the governor.
“Marcus Taylor should receive the same compensation as a wrongfully convicted person under state law,” Shabazz said. “Marcus Taylor is also due additional damages for his pain and suffering, loss of income, loss of relations with loved ones, and additional damages.”
Shabazz expressed support for proposed legislation expected to be introduced by State Representative Fabian Nelson during the 2027 legislative session. The measure would create a faster process for reviewing cases involving potentially illegal sentences.
“Currently, a prisoner who is incarcerated illegally has to seek post conviction relief by way of legal filings that could take years to resolve,” Shabazz explained. “Representative Nelson’s bill will ensure faster judicial review and relief for individuals who were illegally sentenced.”
He emphasized that Taylor’s advocacy efforts are focused on helping others as well.
“Marcus Taylor favors this legislation because we are fighting for others also, not just himself,” Shabazz said.
Additional legislation under consideration would provide statutory compensation for persons serving unlawful sentences, similar to the compensation available to those who have been wrongfully convicted.
“This is fair because years spent behind bars, whether due to wrongful conviction or illegal sentencing, yield the same bad result,” Shabazz said.
The attorney believes the Taylor case has already sparked meaningful conversations about reform and accountability.
“Mississippi is catching up to the rest of the nation in the justice arena,” Shabazz said. “Our fight for Mr. Marcus Taylor is already benefiting others, as legislation is forthcoming to address systemic problems in Mississippi’s court system.”
He also believes the case will encourage defense attorneys to exercise greater diligence when reviewing criminal sentences.
“Defense lawyers will be much more careful to make sure their clients are being sentenced under the proper statutes and guidelines once we finish this process of getting justice for Marcus Taylor,” he said.
Shabazz agreed with Governor Reeves’ characterization of the clemency decision as an act of justice rather than mercy.
“On this issue, Governor Reeves is correct,” Shabazz said. “The Governor did what was fair and just by granting clemency to Marcus Taylor.”
He added that the governor’s action ensured the Court of Appeals’ ruling would be honored without additional delays.
“The Governor ensured that the Mississippi Court of Appeals’ decision was final and that there would be no further delays in releasing Marcus and Maurice Taylor,” he said.
For Taylor and his family, however, the consequences of the prolonged incarceration remain deeply personal.
“Marcus lost some of the most valuable years of his life,” Shabazz said. “He lost years with his son and his wife and he missed life experiences that could never be replaced.”
Shabazz noted that Taylor had rehabilitated himself while incarcerated and returned home ready to work and contribute to society.
“Marcus is a working man and he missed six years of being able to earn income,” he said.
He also urged the public to recognize the human impact of excessive incarceration.
“What the public needs to know is that there is a human story behind prison rehabilitation,” Shabazz said. “Some people go wrong but if they rehabilitate themselves, they deserve a second chance.”
Looking ahead, Shabazz remains optimistic that legislative solutions can provide compensation without the need for lengthy litigation.
“Since Governor Reeves granted Marcus Taylor clemency, we are optimistic that, within a year, there will be bipartisan support to compensate Marcus,” he said.
At the same time, he indicated that legal avenues remain available if legislative efforts fail to produce results.
Perhaps most significantly, Shabazz says the campaign for justice will not stop with Taylor’s case.
When asked what he meant by “pressing the fight all over the South,” Shabazz pointed to broader concerns about civil rights and human rights protections across the region.
“At this time, civil rights and human rights are under attack. Black people are under attack,” he said.
He vowed continued advocacy through his organization and legal partners throughout the South.
“Expect Attorney Malik Shabazz, Black Lawyers for Justice, and other committed lawyers in the South to be on the front lines fighting back,” Shabazz said.
For Shabazz, the Marcus Taylor case represents both a painful example of systemic failure and an opportunity to create lasting reforms. As legislative proposals move forward and compensation efforts continue, he says the ultimate goal remains ensuring that no one else loses years of freedom because of an unlawful sentence.