A McKinney man who once faced a murder charge, only to have it later dropped, may now be cleared of a sexual assault that didn't happen.

In a ruling on Wednesday, the High Court is ordering a Collin County judge to hold a hearing of "actual innocence" for 40-year-old Jecory May. Court records say the victim in his 2004 sexual assault case now says it never happened and the state says without her there is no case.
This appears to be the second time this has happened to May as in 2004, May was among a group arrested for a quadruple murder in McKinney - an arrest police later admitted they got wrong.
"Back then DNA excluded him (May), but the investigation should have excluded him prior to DNA even being done," said Cory Sesson of the Innocence Project.
If a judge recommends it, May's sexual assault conviction could be wiped from his record.
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