We are responsible for providing the residents of Florence with Electricity, Gas & Water. Copyright 2015 WAFF. Their victim impact statements were read, asking the judge to sentence Fuentes to the maximum time possible because of the pain hes caused the family. The best result we found for your search is Odell Graves age 80+ in Milton, KY. Odell is related to Karen Lee Evans . The mailing address is P.O. Gilbert P. Self is the Republican Place 3 judge on the 11 Circuit in Alabama.He was initially appointed to the court by Gov. Florence, Alabama 35631 We interviewed our tech expert, Jaime Vazquez, to learn more about accessible smart home devices. 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. 35645, P.O. In his concurrence, Judge Graves noted that the Fifth Circuits application of the realistic probability test is inconsistent with recent U.S. Supreme Court and circuit court opinions. Attorneys for Pete Wesson have indicated an appeal could be filed in the near future. [45] This last arrest led to an illegal reentry charge and enhanced sentence. Out of those 264 dispostions, 45 were dismissed, 138 were approved and 81 were denied. Theres nothing easy about these cases. and Woman of the Year from Women in Business, Top-Rated & Highly Successful font-weight: bold; [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. [1] He received his commission on February 15, 2011. [14] The approach is not without its criticssome scholars argue that it creates more problems than it solves. 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. [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. palimony, our firm can help. The Republican primary election will be held March 1, 2016. [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. width: 43%; areas of family law, including high-conflict matters, such as Here is a complete directory of nearly all professional Judges in Florence, AL. 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. [24], Alexis v. United States entailed a straightforward application of the categorical approach. clear: both; Judge Benjamin Graves sentenced Fuentes to 121 years in prison. 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. Alpha Sigma Lambda; Alpha Chi. About Lauderdale County; Employee Resources; Frequently Asked Questions; Job Openings; Lauderdale County Elected Officials; . at 822. [42] United States v. Castillo-Rivera, 853 F.3d 218 (5th Cir. background-color: green; 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. FLORENCE, Ala. A former Florence businessman convicted of possessing and sharing child pornography could spend the rest of his natural life in prison. You pretty much calling Dr LaGanke incompetent and me a liar stating i could go back to work! } 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. [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. If you are searching for compassionate and personal legal representation lawyer or paralegal. [9] Id. [6], Graves began his legal career as a staff attorney at Central Mississippi Legal Services in 1980. [54] Id. Facebook Twitter YouTube. and provides practical tips for navigating such legal issues should you Wesson will be transported to the Alabama Department of Corrections in the coming days. [60] Id. 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. Discourse 132 (2019). during your divorce, contact the Pasadena & Beverly Hills divorce [12] Denial of Petition for Writ of Certiorari, No. Judge Graves in his Alexis concurrence noted that the Fifth Circuit diverges from at least seven other circuit courts in its application of the realistic probability test. you will receive the legal support and representation you deserve. [55] The Second Circuit clearly described the way that the test is applied in other circuits when it held: The realistic probability test articulated in Duenas-Alvarez has no role to play in the categorical analysis, however, when the state statute of conviction on its face reaches beyond the generic federal definition.[56] In fact, prior to the Castillo-Rivera decision, even the Fifth Circuit applied the test this way.[57]. border:1px solid #FFB81F; The Impact of Chief Justice Robertss June Medical Concurrence on Courts Analyses of Abortion Regulations, Can I Get a Witness? Graves will run as a Republican against incumbent Democrat Billy Jackson. Alabama Court of Criminal Appeals Contact Benjamin R. Graves in Florence, AL for specific legal needs on legaldirectories.com Find a Lawyer By Location . Ben Graves ran unopposed in the general election for the Alabama 11th Judicial Circuit Place 1 seat. Adventism. They have three sons.[4][6]. Judge T. Henley Graves next to a painting of the Sussex County Courthouse that hangs in his office. publications board, or the student body. Waterloo, AL. A total of 230-years. 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. [56] Williams v. Barr, 960 F.3d 68, 78 (2d Cir. of California, Demetria was included in the list of California's Super Lawyers [8] He has also held the position of adjunct professor at Millsaps College, Tougaloo College, and Jackson State University. [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. [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. If you hire our divorce attorneys from The Graves Law Firm, Ben Graves is the Republican judge for Place 1 on the 11 Circuit in Alabama.Graves won the general election on November 8, 2016.. Municipal Judge at City of Florence Alabama Apply today! in Huntsville, Information on professionals, their work history and resumes, 1991, Alabama, U.S. District Court, Northern District of Alabama, Law Clerk to Honorable E. B. Haltom, Jr., U.S. District. background-color: white; [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. [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. 2014 Louisiana Law Review. Honorable William Powell, Circuit Judge. Florence municipal judge announces Circuit Court run, Weather Service confirms tornado with two tracks in Jackson County. 2018)). [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. Graves said Casey White will go to the Alabama Department of. Click here to contact our editorial staff, and click here to report an error. Jan 20, 2023; 0; Florence Camerata to begin rehearsals. Unlike other firms, we do not pass [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. FLORENCE - Florence Municipal Judge Ben Graves has announced his candidacy for Circuit Judge as a Republican against the incumbent Democrat, Billy Jackson. color: black; color: white; [33] In that case, respondent Luis Duenas-Alvarez was a lawful, permanent resident convicted of vehicular theft under California law. } } Views expressed in the Louisiana Law Review do not necessarily reflect those of the staff, Please look at the time stamp on the story to see when it was last updated. [5] At the time, Graves was the only African-American Justice on the Court. [27] On January 23, 2018, the Department of Homeland Security initiated removal proceedings against Alexis, under 8 U.S.C. Box 794 (256) 760-5785 Notably, Justice Stevens concurred with the majority in part but dissented specifically to Part III-A, which articulates the realistic probability test. } Facebook gives people the power to share and makes the world more open and connected. This is how life is supposed to be. Heather Haynes heather@lauderdalecountycpc.org 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! Practices Family, Criminal defense, Education. . Over the past month, both Assistant District Attorney Angie Hamilton and ADA Coty Hand have tried and convicted two people on possession and production of child pornography. [8] Graves has taught courses in media law, civil rights law, and sociology of law[8] and is jurist-in-residence at Syracuse University School of Law. Legal Team, We Offer Unfailing Commitment 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,. [1][2], The son of a Baptist minister, Graves was born and raised in Clinton, Mississippi. This is an archived article and the information in the article may be outdated. bankruptcy and divorce. Born May 1, 1780, in Culpepper County, Virginia, he died July 19, 1852, and is buried in Louisville, Kentucky. 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.
} decades BECAUSE I CANNOT REMEMBER! 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! The Trustoria Service Professional Directory helps you find the best Lawyer for your latest project. [5][7] After working at the Mississippi Department of Public Welfare for almost two years,[5] he enrolled at Syracuse University College of Law, where he received his Juris Doctor in 1980. [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. [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. 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. }. [15] Still, courts have widely employed the categorical approach since the Supreme Court first articulated it in 1990, and the Court has reaffirmed its use in several opinions since then. margin-bottom: 1px; [2], Graves is married to Dr. Bettye Ramsey Graves, Associate Vice President for Enrollment Management at Jackson State University. text-align: center; background-color: #f9f9f9; 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 .widget-row.value-only { First, Jeffery Dale Hunt will serve 20 years for his crimes, and now Fuentes. Payments are accepted in our office between the hours of 8:00 am and 4:00 pm. To serve on this court, a judge must be: if(document.getElementsByClassName("reference").length==0) if(document.getElementById('Footnotes')!==null) document.getElementById('Footnotes').parentNode.style.display = 'none'; .courts-container { background-color:#fcfcfc; width:100%; border:1px solid black;padding:5px;text-align:center;clear:both; } Florence, Alabama Area Education . It Doesn't Have To Be Ugly e-book for free! 2016) (rejecting the governments argument that the petitioner had to meet the realistic probability test where the statute on its face was overbroad). Graves was later re-elected without opposition in 1994 and 1998. 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? margin: auto; [47] A Fifth Circuit panel disagreed, and Castillo-Rivera petitioned for rehearing en banc.[48]. Office hours are Monday-Friday 8:00 am until 5:00 pm. Burdens, Benefits, or Both? 2019). [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. Use the Contact Directory below or contact us via social media. [7] He also earned a Master of Public Administration degree from the Maxwell School of Citizenship and Public Affairs at Syracuse University in 1981. Instead, Judge Graves went on to apply unique Fifth Circuit precedent which dictates that, in order to establish overbroadness, a petitioner must also show a realistic probability that Texas will prosecute conduct that falls outside the generic, federal definition of the crime, and ultimately found that Alexis failed to meet that test.[8]. Circuit Judges serve for terms of 6 years. In 1991, Governor Ray Mabus appointed Graves as a Hinds County circuit court judge. First, Jeffery Dale Hunt will serve 20 years for his crimes, and now Fuentes. Florence, AL, USA 35631, 603 County Road 414 (256) 760-5750 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! Judge Graves; Judge Powell; Judge Motlow; Resources. Alabama Court of Civil Appeals [42] The appellant, Juan Castillo-Rivera, was born in Mexico and came to the United States shortly after his birth. [11] Alexis, 960 F.3d at 734 (Graves, J., concurring). All rights reserved. L. Rev. Copy and past this code into your website. font-size: .9em; background-color: #f9d334; In April, a Lauderdale County jury found him guilty on 55-counts of possessing child porn, and one count of disseminating child pornography. 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. .widget-row.value-only.white { Copyright 2021 WAFF. Hand said these cases dont get easier but its their job to get justice for the victims. By then, he had served 28 years on the Superior . The University of Alabama System Board of Trustees voted Thursday to amend the name of Graves Hall on the UA campus to Lucy-Graves Hall. [57] See Mercado v. Lynch, 823 F.3d 276 (5th Cir. You'll be able to receive all of the City of Florence service information you need to expand or start a business, plus more. That only tells us that it was all about the pissing contest between your ego and Terrys ego! we have completed, Demetria is a Board Certified Family Law Specialist with the state bar [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. [38] To analyze that question, the Duenas-Alvarez Court articulated a new realistic probability test for courts to apply when considering whether a states application of its criminal statute makes it overbroad even where the plain text of the state statute does not. should I need her services again. [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. [59] Given this precedent, it seems appropriate for the Fifth Circuit to revisit its approach. margin-bottom:0px; 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. The information below for Judge James Grimes was last updated on 12/01/2022. [19] Descamps, 133 S. Ct. at 2283 (citing Taylor, 110 S. Ct. at 2159). If you are interested in going to Driving School you MUST appear in court on your court date. Elections 2016 See also: Alabama local trial court judicial elections, 2016 Alabama held general elections for local judicial offices in 2016. .infobox { Client Satisfaction Is OurNumber One Priority. That is how Castillo-Rivera has been applied in subsequent Fifth Circuit cases, including Alexis. Florence, Alabama 35631, 102 South Court Street, 1st Floor (256) 760-5833 County Courthouse, Suite 503 200 South Court Street Florence, AL 35630 (256) 760-5831. City of Florence Alabama Jan 2013 - Present 10 years 1 month. font-size: 1.2em; [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. A primary election took place on March 1, 2016, with a primary runoff on April 12, 2016. } Judge Chris Smith, and the Florence Municipal Prosecutor, Heath Trousdale, work part-time and are only available on court days. : Medical Billing Expert Testimony and the Inability to Affect Damage Awards, Looking Forward After Kennedy v. Bremerton School District, Cooking Caremark? LAUDERDALE COUNTY, Ala. (WAFF) - One Lauderdale County man will spend the rest of his life in jail. FLORENCE, Ala. - A former Florence businessman convicted of possessing and sharing child pornography could spend the rest of his natural life in prison. Killen, AL. width: 250px; And why is it on my car? in our power to ensure that our clients' legal issues are resolved 2020). Benjamin Graves Municipal Judge. They appear on partisan election ballots statewide and must face re-election if they wish to serve again. 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. background-color: grey; 2017). Box 124 (256) 760-5750 8 U.S.C. Bond, Botes, Sykstus, Tanner & Ezzell, P.C. You know we have always heard our entire lives that Karma comes back around in one way or another! background-color: #f9f9f9; } modify your child support agreement? "I can not thank Demetria enough for the strength and guidance she provided me.". experience the same legal challenges in your own life. Leading up to his April trial date, Wesson was indicted on dozens of additional charges in January related to possessing and sharing child pornography. Here is a complete directory of nearly all professional Judges in Florence, AL. [46] Castillo-Rivera argued that the enhanced sentence did not apply to him because the Texas definition of aggravated felony was overbroad. licensed to practice law for at least five years; a resident of his or her circuit for at least one year; under the age of 70 at the time of election (judges who turn 70 in office may serve until their term expires). Conclusion: The Fifth Circuit Should Reconsider Realistic Probability. Graves stated he could show leniency, but he wouldnt give Wesson any grace on his conviction. But see Jain & Warren, supra note 13 (arguing that the categorical approach is good federalist policy because it incentivizes states to ensure that the most serious conduct triggers the most serious consequences). Visitors. 100% remote. color: white; [8] Id. Judge Chris Smith, and the Florence Municipal Prosecutor, Heath Trousdale, work part-time and are only available on court days. at 825 (Stevens, J., concurring in part and dissenting in part). [13] See generally Amit Jain & Philip Dane Warren, An Ode to the Categorical Approach, 67 UCLA L. Rev. (citing Vetcher v. Barr, 953 F.3d 361, 367 (5th Cir. Sustainability Initiative: Florence Forward, Florence - A Platinum Valley Sustainable Community, Florence Police Pursuit - Viewed Through Helmet Cam. Graves was appointed to the Mississippi Supreme Court by Governor Ronnie Musgrove in 2001[3] and later won election to the Court in 2004. [43] In 2013, he pled guilty to a third felony under Texas law and was deported under federal immigration law. You do not have Florence, AL. at 733 n.1 (Graves, J., concurring) (citing Zhi Fei Liao v. Atty Gen. U.S., 910 F.3d 714, 723 n.11 (3d Cir. Ben Graves and his wife Mindy Goodwin Graves, are both Florence natives, and have three children - Charlie, Ann Hensley, and Jane Ellis. LAUDERDALE COUNTY, Ala. ( WHNT) On February 16, Lauderdale County Circuit Judge Ben Graves is expected to address a pending motion in the Casey White file and receive an update on the. Me being collateral damage! we strive to provide our clients with the personal service they deserve. .widget-row { Court is held at 9:00 am on the third Thursday of each month padding-left: 10px; 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. In 2005, she was inducted into the National Women's Hall of Fame. } [10] Judge Graves suggested that the Supreme Court should resolve the circuit split, or the Fifth Circuit should revisit the matter. [53] However, that interpretation is inconsistent with the actual articulation of the test in Duenas-Alvarez.