[43] In 2013, he pled guilty to a third felony under Texas law and was deported under federal immigration law. trusted legal counsel. "White won't be held another hour at the Lauderdale County Detention Facility," Judge Ben Graves said during the hearing. Navigating any legal problem is challenging especially any legal problem in family law, you know divorce, child custody and child support. Graves was appointed to the Mississippi Supreme Court by Governor Ronnie Musgrove in 2001[3] and later won election to the Court in 2004. Benjamin Graves is on Facebook. The City of Florence is committed to the safety and well-being of our citizens, as well as our animals. Florence Utilities provides you with the utmost friendly, professional, and expedient customer service. Just moments before Judge Graves handed down the sentence Wesson addressed the courtroom. font-weight: bold; [6] Graves has also coached high school, college, and law school mock trial teams, including the Jackson Murrah High School mock trial team that won the 2001 state championship.[3]. [42] The appellant, Juan Castillo-Rivera, was born in Mexico and came to the United States shortly after his birth. Judge Graves also noted that, in addition to being inconsistent with other circuit courts, the current Fifth Circuit approach is inconsistent with the Supreme Courts application of the realistic probability test. Tuscumbia attorney Mitch Hayes appointed Colbert County circuit judge. Judge Benjamin Graves sentenced Fuentes to 121 years in prison. Now that I have totally soared into a manic depression and have to be seen on an urgent doctor visit because here I sit your almightyness stating I am able to go to work and then employers not accommodating me and me being able to find a job! I hope and pray with all of my heart that it does not cone back affecting your wife or family because of what you dish out to innocent disabled individuals that have worked their ENTIRE LIFE AT LEAST ONE JOB WITH NOTHING BUT GREAT REFERENCES FROM MY WORK THAT IS REALLY NEEDING DISABILITY BENEFITS AND HAVE TO START COMPLETELY OVER AGAIN! [57] See Mercado v. Lynch, 823 F.3d 276 (5th Cir. In its analysis, the Fifth Circuit relied on Duenas-Alvarez to assert that Castillo-Riveras argument that the Texas statute was not a categorical match with the federal statute was insufficient to relieve him of the enhanced sentencing imposed by federal law. [7] Texas law includes position isomers in its definition of cocaine, but federal law does not: The parties do not dispute that Texass definition of cocaine is facially broader than the federal definition of cocaine. Alexis, 960 F.3d at 726. He stated, Im sorry more than I can say. font-weight: bold; [55] Id. Alabama Circuit Courts experience the same legal challenges in your own life. The Florence Municipal Court Magistrates can be reached at (256) 760-6625. . margin: auto; [55] He said his decision to run for Circuit Judge comes from a desire to serve the community and to make a difference in the lives of Lauderdale County residents. 35645, 5029 County Road 9 (256) 760-5750 Monthly payments and certain citations may also be paid by going to. in family law, you know divorce, child custody and child support. Although approved by Senate Judiciary Committee on December 1, 2010, the Senate failed to act on the nomination. [29] The immigration judge (IJ) applied a categorical approach and determined that the Texas statute was indeed overbroadit included position isomers of cocaine, which the federal statute did not cover. Any statements and opinions included in these pages are not those of Louisiana State University, to struggle with your family law matter alone. Mark Finley. This is southern living at its best. Judge T. Henley Graves announced his retirement this past February, but he isn't quite ready to leave the bench. That only tells us that it was all about the pissing contest between your ego and Terrys ego! [9] Id. Your email address will not be published. Walter Veith. [3] Graves was then elected to the position later that year in a special election, in which he received seventy-seven percent of the votes cast. Powell elected new Lauderdale County circuit judge By Tom Smith Senior Staff Writer Nov 9, 2016 Updated Nov 9, 2016 0 Buy Now Will Powell smiles as he holds his son Ben as they arrive at the. [10] Immigration Review, Precedential Decisions from 6/8/20 6/14/20 (controlled substance, realistic probability test, CAT, changed country condition motions to reopen, unaccompanied alien minor) (June 14, 2020), https://open.spotify.com/episode/0YZkNGzMdP9AIQPA9fzX5U?si=Vv4blBpxTmmtkji8WSN1ZQ [https://perma.cc/PSE8-7JH7]. [26] In November 2016, Alexis pled guilty and was sentenced under Texas law to one year in prison for the possession of a controlled substance. The general election was held on November 8, 2016. Also in court today, Judge Graves told the victims: I can promise you, Mr. Fuentes will not hurt you in the future after he was sentenced. color: white; To remove the legwork from our business clients, the program offers you one point of contact for assistance and information. This is how life is supposed to be. All rights reserved. Leading up to his April trial date, Wesson was indicted on dozens of additional charges in January related to possessing and sharing child pornography. at 73233 (Graves, J., concurring). palimony, our firm can help. Each week join Attorney, Demetria L. Graves, a respected Certified Family Law Specialist in Los Angeles, as she breaks down the celebrity legal headlines and . 35677. 1. [3] He then worked in the private practice of law for three years, before returning to public service work. July 17, 2018. We also accept debit/credit cards (processing fee). Lauderdale County man sentenced to 121 years in prison on child pornography, abuse charges, I can promise you Mr. Fuentes will not hurt you in the future, Weather Service confirms tornado with two tracks in Jackson County, Huntsville Utilities employee hurt while repairing power lines, Limestone Co. Sheriffs Office searching for car thief, One person hospitalized Saturday in Huntsville crash, One injured in Huntsville shooting Friday evening. Florence, AL, USA 35631, 603 County Road 414 (256) 760-5750 Professional Background CheckInformation on professionals, their work history and resumes. [58] He cited to at least two Supreme Court cases decided after Duenas-Alvarez that did not apply the realistic probability test when considering whether state convictions trigger federal consequences. [15] See States Commandeered Convictions: Why States Should Get a Veto over Crime-Based Deportation, 132 Harv. [18] In assessing whether the state statute is a categorical match with the generic crime, [s]entencing courts may look only to the statutory definitionsi.e. 2322 (2019) (arguing that tying federal immigration consequences to state criminal law is an unconstitutional commandeering of state police power; that it is unfair to the extent that immigration consequences are triggered by state adjudication of crime and not the actual criminal act; and that the process lacks political accountability); see also Sheldon A. Evans, Categorical Nonuniformity, 120 Colum. What Biden might try next if his student loan forgiveness, Do Not Sell or Share My Personal Information. Click here to contact our editorial staff, and click here to report an error. [51] The Castillo-Rivera court went on to hold that the petitioner must also show that Texas courts have actually applied [Texas law] in this way.[52] With this statement, the Fifth Circuit appears to have interpreted Duenas-Alvarez to impose a new requirement that Castillo-Rivera satisfy the realistic probability test even though he already established that the state statute was not a categorical match with federal, generic law. [16] The Supreme Court has decided over 20 cases on the categorical approach in the past 13 years, with two more pending in the 20202021 term. [53] See generally Alexis v. Barr, 960 F.3d 722 (5th Cir. [3], Only voters residing in a particular circuit may vote for the circuit judge of that region.[3]. Florence, Alabama 35631-1059, PO Box 1710 (256) 760-5757 We interviewed our tech expert, Jaime Vazquez, to learn more about accessible smart home devices. [11] Obama renominated Graves in January 2011, and the Senate confirmed him on February 14, 2011, making him the third African-American judge on the Fifth Circuit, after Carl E. Stewart of Louisiana and Joseph W. Jan 20, 2023; 0; Florence Camerata to begin rehearsals. 2020). at 733 (Graves, J., concurring). [1] Alexis v. Barr, 960 F.3d 722 (5th Cir. Qualifications Now that I have totally soared into a manic depression and have to be seen on an urgent doctor visit because here I sit, your almightyness stating I am able to go to work and then employers not accommodating me and me being able to find a job! 200 South Court Street Florence, AL 35631 (256) 760-5825. L. Rev. [6] In this case, the immigration judge, the BIA, and the Fifth Circuit all agreed that the definition of cocaine is broader under Texas law than federal law. Waterloo, AL. color: white; Florence, AL 35630 We return calls and respond to emails within 24 hours, We work diligently to promptly complete your case, We provide monthly billing statements with specific details of the work We are here and ready to talk or interact with you when you need us. } Which I plan on taking and allowing him to read my next appointment. We Can Offer You The Outstanding Legal Support You Deserve, We Will Go the Extra Mile in Order to Achieve Your Goals, We Will Work Diligently in Order to Resolve Your Case. we have completed, We personally execute an individualized case management plan for your case, Demetria is a Board Certified Family Law Specialist with the state bar } Pete Wesson's family sat in shock as. This is an archived article and the information in the article may be outdated. Florence Gazette 1827-1894 Newspapers.com. [3] Graves has served as a Teaching Team Member of the Trial Advocacy Workshop at Harvard Law School since 1998. LAUDERDALE COUNTY, Ala. (WAFF) - One Lauderdale County man will spend the rest of his life in jail. Honorable Carole C. Medley, District Judge. width: 57%; Since we are a small firm, our Glendale divorce lawyer will personally Alabama Court of Civil Appeals I accept responsibility for my actions.. Jan 19, 2023; 0; Submit Your News . color: black; Judge Chris Smith, and the Florence Municipal Prosecutor, Heath Trousdale, work part-time and are only available on court days. Wesson will have to serve the sentences consecutively, which means after serving the first four years, he will have to serve the next, and the next, and the next. Ben Graves is the Republican judge for Place 1 on the 11 Circuit in Alabama.Graves won the general election on November 8, 2016.. Theyre taxing emotionally and mentally but its what we believed we were called to do is seek justice for victims and so were glad were able to do that, said Hand. [5] At the time, Graves was the only African-American Justice on the Court. If your child will play baseball or softball this spring, youll need to stock up on appropriate clothing and equipment. Your email address will not be published. Alabama Municipal Courts Hire an experienced Pasadena & Beverly Hills divorce attorney from And why is it on my car? We have the skills needed to assist clients in many [16], In determining whether federal immigration consequences flow from a conviction under state law, courts will compare the elements of the statute forming the basis of the defendants conviction with the elements of the generic crimei.e. Then I make an appointment with another atty to file a new Disability case only to find out that YOU HAVE NEVER DENIED A SINGLE MS CASE FOR THIS ATTY AND THAT YOUR WIFE HAS MULTIPLE SCLEROSIS! During the sentencing hearing Tuesday, friends of Wesson spoke to the judge stating he was not a child predator. } [39] The majority wrote: [T]o find that a state statute creates a crime outside the generic definition of a listed crime in a federal statute requires more than the application of legal imagination to a state statutes language. .courts-header { font-size:150%;background-color:#334aab;color:white;} All rights reserved. at 825 (Stevens, J., concurring in part and dissenting in part). You do not have display: inline-block; Select this result to view Odell Graves's phone number, address, and more. font-size: .9em; At the arraignment, Judge Ben Graves told White he will be charged with escape in the first degree, . [1][2], The son of a Baptist minister, Graves was born and raised in Clinton, Mississippi. Court is held every Tuesday and Thursday at 8:00 am and every third Tuesday of the month at 1:00 pm. Click the above map. First, Jeffery Dale Hunt will serve 20 years for his crimes, and now Fuentes. . It Doesn't Have To Be Ugly e-book for free! They appear on partisan election ballots statewide and must face re-election if they wish to serve again. [3][4] He attended Sumner High School in Clinton and graduated as valedictorian with the highest grade point average and ACT score in his class. We are responsible for providing the residents of Florence with Electricity, Gas & Water. .widget-row.value-only.black { Get the Android Weather app from Google Play, WHNT News 19 Sales Team Broadcast and Digital, Best athletic wear for kids joining baseball and, How to watch all the Oscar-nominated movies in style, Best smart home devices for older users, according, Huntsville Utilities injured during work Saturday, Limestone Sheriff looking for man in theft investigation, One transported to hospital after wreck near Rocket, Colbert DTF finds large amount of fentanyl, other, 1 killed amid turbulence event on business jet. 23 results found Band of Choctaw Indians", "Inclusive Communities Project v. Texas Dep't of Housing and Community Affairs", "Roy Harness; Kamal Karriem, vs. Michael Watson, Secretary of State of Mississippi", "Justice Graves honored for advancing public understanding of the law - State of Mississippi Judiciary News", "FBI's Jackson Field Office Announces 2011 Recipient of the FBI Director's Community Leadership Award", James Graves:Dialogue with a Supreme Court judge in Mississippi, https://en.wikipedia.org/w/index.php?title=James_E._Graves_Jr.&oldid=1117878094, Judges of the United States Court of Appeals for the Fifth Circuit, Maxwell School of Citizenship and Public Affairs alumni, Justices of the Mississippi Supreme Court, Syracuse University College of Law alumni, United States court of appeals judges appointed by Barack Obama, Articles with dead external links from October 2010, Articles needing cleanup from September 2022, Articles with bare URLs for citations from September 2022, All articles with bare URLs for citations, Articles covered by WikiProject Wikify from September 2022, All articles covered by WikiProject Wikify, Wikipedia articles incorporating text from the Biographical Directory of Federal Judges, Creative Commons Attribution-ShareAlike License 3.0, Hinds County Bar Association Innovation Award - 2000, State of Mississippi Parent of the Year Award, First Alternate - 2001, Mississippi Association of Educators Humanized Education Award - 2002, Mississippi Bar Foundation, Law-Related Public Education Award - 2002, For excellence in enhancing the public's understanding of the law and the legal system, FBI Director's Community Leadership Award - 2011, In recognition of outstanding contributions to our nation's communities through unselfish dedication and leadership, Member of the American Law Institute - 2015, This page was last edited on 24 October 2022, at 01:26. Florence, AL. we have completed, Demetria is a Board Certified Family Law Specialist with the state bar [25] Many of his immediate family members were U.S. citizens, including his mother, step-father, three siblings, and young daughter. Florence, AL 35630 He also worked as a Special Assistant Attorney General for the State of Mississippi and served as the Director of the Division of Child Support Enforcement in the Mississippi Department of Human Services. Florence, Alabama 35631 PO Box 776 (256) 760-5728 Florence, Alabama 35631. On the 55-counts of possessing child pornography, Wesson has been sentenced to serve four years on each charge. 2020). we strive to provide our clients with the personal service they deserve. It requires a realistic probability, not a theoretical possibility, that the State would apply its statute to conduct that falls outside the generic definition of a crime. Court is held at 9:00 am on the third Thursday of each month Judge Graves; Judge Powell; Judge Motlow; Resources. [51] See generally Taylor v. United States, 110 S. Ct. 2143 (1990). Pete Wesson has remained in custody for the last four months in the Lauderdale County Detention Center. 1771 (2020) (noting that the categorical approach actually results in nonuniformity because the same conduct that triggers federal immigration consequences in one state would not trigger immigration consequences in a neighboring state whose statute is broader than the federal, generic definition of the crime). [39] Id. After waiting all that time and everything we have getting behind and not even having the money or change to buy a loaf of bread to eat, I went back to work July 25, 2022 to only be fired the very first time in my 49 years of life exactly 1 month later! Florence, AL 35630 (256) 760-5820. You pretty much calling Dr LaGanke incompetent and me a liar stating i could go back to work! [30] However, the IJ then applied the Fifth Circuits interpretation of the realistic probability test and found that Alexis failed to establish overbroadness under that test. [13] But state criminal statutes vary, and an individual could be convicted of a crime in one state for the same conduct that would not be illegal in another state. and provides practical tips for navigating such legal issues should you Views expressed in the Louisiana Law Review do not necessarily reflect those of the staff, Be sure to check other states near Florence, AL to get the records of more professionals. Be sure to check other states near Florence, AL to get the records of more professionals. Judge, Circuit Court. .widget-value { [24], Alexis v. United States entailed a straightforward application of the categorical approach. My name is Alicia Roper. They have three sons.[4][6]. modify your child support agreement? Theres nothing easy about these cases. This judge is outside of that coverage scope and does not receive scheduled updates. FLORENCE Lauderdale County Circuit Court Judge Ben Graves will rule whether to grant a change of venue for Casey White's capital murder trial 10 days before his trial is scheduled to begin,. Copyright 2015 WAFF. [20] The Court found the following basic elements of generic burglary: (1) unlawful or unprivileged entry into, or remaining in; (2) a building or structure; (3) with intent to commit a crime. [7] He is a practicing Seventh-day Adventist. [7] He also earned a Master of Public Administration degree from the Maxwell School of Citizenship and Public Affairs at Syracuse University in 1981. You denied my SSA disability n May 10,2022 after yourself and my atty got into a pissing match with each other over the telephone after waiting from Jan 5, 2021, and causing me to lose thousands of dollars that we needed more than anything! Our clients are our firm's number one priority, and we do everything 200 South Court Street Florence, AL 35630 (256) 760-5815 [54] To illustrate this point, Judge Graves listed cases collected by the Third Circuit which demonstrate that the Fifth Circuit is alone in its approach. Box 124 (256) 760-5750 The Oscars will air on ABC and can be streamed on ABC.com and the ABC app as well as Hulu + Live TV, YouTube TV, AT&T TV or FuboTV. [2] In his concurrence, Judge Graves explained that he felt bound by Fifth Circuit precedent in writing the opinion; however, he found the result to be both illogical and unfair.[3] At issue in the case was whether Alexiss conviction under Texas law for possession of cocaine qualified as a controlled substance offense under federal law, making him, a noncitizen, removable from the United States. drama, tune in! [41], II. background-color: #f9d334; Evans, supra note 15, at 1777. } Bob Riley in 2009 to fill the seat vacated by retired Judge Ned Suttle.He won election to a full six-year term in the 2010 general election as a Democrat.Self won re-election as a Republican in the general election on November 8, 2016. The Circuit Court is a state trial court that hears both civil and criminal cases. [10], On June 10, 2010, President Barack Obama nominated Graves to be a judge of the United States Court of Appeals for the Fifth Circuit[3] to replace Judge Rhesa Barksdale, who assumed senior status on August 8, 2009. Florence, Alabama Area Education . 1227(a)(2)(B)(i). Alabama Court of Criminal Appeals If you are curious Florence, Alabama 35631, 102 South Court Street, 1st Floor (256) 760-5833 FLORENCE, Ala. A former Florence businessman convicted of possessing and sharing child pornography could spend the rest of his natural life in prison. bankruptcy and divorce. [19] Descamps, 133 S. Ct. at 2283 (citing Taylor, 110 S. Ct. at 2159). 2014 Louisiana Law Review. Out of those 264 dispostions, 45 were dismissed, 138 were approved and 81 were denied. Born May 1, 1780, in Culpepper County, Virginia, he died July 19, 1852, and is buried in Louisville, Kentucky. Find reviews, educational history and legal experience. font-weight: bold; 6 talking about this. our clients to other lawyers/paralegals, we pay close attention to your [42] United States v. Castillo-Rivera, 853 F.3d 218 (5th Cir. 2. They deal with civil claims of $3,000 or more, as well as most felony crimes. padding-left: 10px; Lauderdale County Courthouse | 200 S Court St | Florence, AL 35630 Phone: (256) 760-5728 | Hours: 8:00 am - 5:00 pm, M-F Need Directions? City of Florence Alabama Jan 2013 - Present 10 years 1 month. Me being collateral damage! A primary election took place on March 1, 2016, with a primary runoff on April 12, 2016. in an affordable and timely manner. Cash, cashiers check, and money orders are acceptable methods of payment. In 2005, she was inducted into the National Women's Hall of Fame. Judge Benjamin Graves sentenced Fuentes to 121 years in prison. About Lauderdale County; Employee Resources; Frequently Asked Questions; Job Openings; Lauderdale County Elected Officials; . .infobox { decades BECAUSE I CANNOT REMEMBER! background-color: red; [25] Alexis v. Barr, 960 F.3d 722, 724 (5th Cir. By then, he had served 28 years on the Superior . Death notices, memorials and obituaries Lauderdale County, Alabama, and surrounding counties : extracted and indexed from The Florence Times, weekly from 4 July 1890 t o 28 December 1923 and daily from 1 January 1924 to 31 December 1930 Family History Library. [9] At least one immigration law expert agrees with that assessment, and adds that the Fifth Circuits application of the realistic probability test is also applied inconsistently within the Fifth Circuit. FLORENCE - With long-time Lauderdale County Circuit Judge Mike Jones retiring, beginning January 17, there will be some changes to the county's judicial makeup. [5][6] Graves then attended Millsaps College and graduated in 1975 with a Bachelor of Arts degree in Sociology. Starting or doing business with the City of Florence has never been easier. Client Satisfaction Is OurNumber One Priority. [4] To answer that question, courts apply a categorical approach in which they compare a state criminal law statute to the federally recognized, generic definition of the crime, to determine whether the state law is a categorical match. [60] As such, the Fifth Circuit should revisit its decision in Castillo-Rivera, and adjust its application of Duenas-Alvarez to be more consistent with the actual meaning of the case. For the 2017 *fiscal year, Judge James Grimes has disposed 264 cases at the Office of Disability Adjudication and Review (ODAR) in FLORENCE, ALABAMA. [32] In 2007, the Supreme Court in Gonzales v. Duenas-Alvarez established the realistic probability test to clear up confusion over how courts should apply the categorical approach when the state statute is a categorical match on its face, but may not be a match in its application. at 73233 (Graves, J., concurring). [59] Given this precedent, it seems appropriate for the Fifth Circuit to revisit its approach. You know we have always heard our entire lives that Karma comes back around in one way or another! Learn how and when to remove this template message, United States Court of Appeals for the Fifth Circuit, Associate Justice of the Mississippi Supreme Court, Maxwell School of Citizenship and Public Affairs, United States Department of Health and Human Services, List of first minority male lawyers and judges in Mississippi, "Congressional Record for February 14, 2011", "Graves, James Earl, Jr. - Federal Judicial Center", "The JFP Interview: Justice James Graves", "Supreme Court Justice James Graves Jr. to speak at CCC commencement", "Five questions with Justice James Graves", "President Obama Names James E. Graves Jr. to U.S. Court of Appeals", "Mississippi Supreme Court Biography: James E. Graves Jr", "Obama taps Graves for federal appeals post", http://www.clarionledger.com/article/20101223/NEWS/101223026/1263/RSS, "Dolgencorp v. Ms. display: block; Ben Graves is the Republican judge for Place 1 on the 11 Circuit in Alabama. No matter how troublesome your case may be, we can help. Alexis also sought review of his applications for asylum, withholding of removal, and relief under the Convention Against Torture; however, those issues are beyond the scope of this piece. } [2], There are 144 judges on the Alabama Circuit Courts, each elected to six-year terms.
float:right; [5] Where a match is found, certain federal law consequences are triggered, including immigration consequences. .widget-row.value-only { Entrepreneurship, Press Releases, Event Planning, Public Relations, Brand Management, Social Media Paralegal/Office Manager at Elder Law Practice of Thomas A. Minetree, III, Mediator at Alabama Paralegal / Mediator - Alabama Mediation Services, Sales Manager at Marriott Shoals Hotel and Spa, Sales Manager at Renaissance Ross Bridge, Sales Manager, Marriott Shoals Hotel and Spa. PO Box 1059 . He wrote that the Court should limit its decisions to the question it granted certiorari to answer and withhold comment on issues of California law until after the court of appeals has addressed them. background-color: grey; [31], The categorical approach is noteworthy for its complexity, and the Supreme Court has repeatedly considered questions about how it should be applied since it was first established in 1990. .infobox p { Out of those 264 dispostions, 45 were dismissed, 138 were approved and 81 were denied. [40], The Court went on to find that Californias application of the natural and probable consequences doctrine failed to meet that test: it found no evidence that California applied its statute overbroadly, and the California statute was therefore a categorical match both on its face and in practice. The chief judge of a circuit court is selected by peer vote and serves a three-year term. Wesson will be transported to the Alabama Department of Corrections in the coming days. James Earl Graves Jr. (born November 19, 1953) is an American lawyer who serves as a United States circuit judge of the United States Court of Appeals for the Fifth Circuit. [14] See generally Taylor v. United States, 110 S. Ct. 2143 (1990). I am very appreciative of her efforts and will most definitely call her .widget-row.heading { } .widget-key {
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