Box 159 (256) 760-5750 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 yer old life exactly 1 month later! [59] Id. text-align: center; A primary election took place on March 1, 2016, with a primary runoff on April 12, 2016. Pete Wessons family sat in shock as Judge Ben Graves handed down the sentence. No matter how troublesome your case may be, we can help. [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. Click the above map. 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. [19] Descamps, 133 S. Ct. at 2283 (citing Taylor, 110 S. Ct. at 2159). 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. } 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. They appear on partisan election ballots statewide and must face re-election if they wish to serve again. All rights reserved. Ben Graves and his wife Mindy Goodwin Graves, are both Florence natives, and have three children - Charlie, Ann Hensley, and Jane Ellis. [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]. 35652, 5700 County Road 16 (256) 760-5750 width: 150px; Theres nothing easy about these cases. 200 South Court Street Florence, AL 35630 (256) 760-5815 [12] Denial of Petition for Writ of Certiorari, No. Graves decided to retire last August, when he turned 70 years old. 1.
float:right; [5][6] Graves then attended Millsaps College and graduated in 1975 with a Bachelor of Arts degree in Sociology. "I can not thank Demetria enough for the strength and guidance she provided me.". at 825 (Stevens, J., concurring in part and dissenting in part). We also accept debit/credit cards (processing fee). The Supreme Court established the realistic probability test to clarify whether unique application of a states criminal law statute could make it broader than the federal, generic law. First, Jeffery Dale Hunt will serve 20 years for his crimes, and now Fuentes. Please, 100 largest cities in America by population, Alabama local trial court judicial elections, 2016, https://ballotpedia.org/wiki/index.php?title=Ben_Graves&oldid=7291396, Conflicts in school board elections, 2021-2022, Special Congressional elections (2023-2024), 2022 Congressional Competitiveness Report, State Executive Competitiveness Report, 2022, State Legislative Competitiveness Report, 2022, Partisanship in 2022 United States local elections. Be sure to check other states near Florence, AL to get the records of more professionals. font-weight: bold; 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. Hatchett. [55] Id. Top 3 Results for Odell Graves. Use the Contact Directory below or contact us via social media. 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. 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. Florence, AL. 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. [3] He then worked in the private practice of law for three years, before returning to public service work. [3], Only voters residing in a particular circuit may vote for the circuit judge of that region.[3]. Practices Family, Criminal defense, Education. 2017). [2], There are 144 judges on the Alabama Circuit Courts, each elected to six-year terms. 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. Jan 20, 2023; 0; Florence Camerata to begin rehearsals. 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 font-size: .9em; 6 talking about this. Visitors. 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 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. 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 . Starting or doing business with the City of Florence has never been easier. of California, Demetria was included in the list of California's Super Lawyers [43] In 2013, he pled guilty to a third felony under Texas law and was deported under federal immigration law. Whether it be a font-weight: bold; You do not have color: white; In an attempt to remedy these discrepancies and promote some uniformity in the application of federal law consequences to state criminal convictions, federal courts employ the categorical approach to determine if a state criminal statute fits within the federal, generic definition of the crime. Interns wanted: Get paid to help ensure that every voter has unbiased election information. color: white; Florence municipal judge announces Circuit Court run, Weather Service confirms tornado with two tracks in Jackson County. Judge T. Henley Graves next to a painting of the Sussex County Courthouse that hangs in his office. width: 100%; .top_disclaimer { FLORENCE When Ben Graves was appointed the Florence municipal judge in January 2013, . L. Rev. Honorable William Powell, Circuit Judge. 35630, P.O. Unlike other firms, we do not pass .widget-row.heading { [1][2], The son of a Baptist minister, Graves was born and raised in Clinton, Mississippi. [55] .widget-row { experience the same legal challenges in your own life. [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. [9] Id. [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. That a facially broader state law is overbroad was never in question. 2020). 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! document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. As Judge Graves noted in his Alexis concurrence, the Fifth Circuits application of Duenas-Alvarez is inconsistent with subsequent U.S. Supreme Court cases and cases in other circuits. FLORENCE, Ala. - A former Florence businessman convicted of possessing and sharing child pornography could spend the rest of his natural life in prison. Graves said Casey White will go to the Alabama Department of. Waterloo, AL. Graves will run as a Republican against incumbent Democrat Billy Jackson. background-color: red; Judge Graves; Judge Powell; Judge Motlow; Resources. should I need her services again. L. Rev. Killen, AL. [21] In contrast, California Penal Code 459 provided that a person who enters certain locations with intent to commit grand or petit larceny or any felony is guilty of burglary.[22] Missing from the California statute was the requirement that the entry be unlawfulit was broad enough to include a shoplifter who lawfully entered a store. What is mud rain? the elementsof a defendants prior offenses, and not to the particular facts underlying those convictions.[19] The Supreme Court in Descamps v. United States applied the categorical approach to a California burglary statute. decades BECAUSE I CANNOT REMEMBER! [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. [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. 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. If you hire our divorce attorneys from The Graves Law Firm, margin-bottom:0px; [59] Given this precedent, it seems appropriate for the Fifth Circuit to revisit its approach. 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. 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). Sustainability Initiative: Florence Forward, Florence - A Platinum Valley Sustainable Community, Florence Police Pursuit - Viewed Through Helmet Cam. high net worth divorce or .widget-row.Republican { [12] In light of the Courts denial, and the overwhelming evidence that the Fifth Circuit has misapplied the realistic probability test, this piece argues that the matter is ripe for reconsideration by the Fifth Circuit. at 73233 (Graves, J., concurring). Although approved by Senate Judiciary Committee on December 1, 2010, the Senate failed to act on the nomination. - Pasadena & Beverly Hills Family Law Attorney, We provide monthly billing statements with specific details of the work } width: 43%; You pretty much calling Dr LaGanke incompetent and me a liar stating i could go back to work! Ballotpedia provides comprehensive coverage of the 100 largest cities in America by population as well as mayoral, city council, and district attorney election coverage in state capitals outside of the 100 largest cities. Prosecutors asked for the maximum sentence of 570-years in prison for Wessons conviction. July 17, 2018. And why is it on my car? [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 Municipal Court is connected to the Lauderdale County Detention Center. Benjamin Graves Municipal Judge. The law prohibits the Circuit Clerk from giving legal advice. Facebook gives people the power to share and makes the world more open and connected. [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. Views expressed in the Louisiana Law Review do not necessarily reflect those of the staff, 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. Jan 19, 2023; 0; Submit Your News . PO Box 1059 . 2020). [33] Gonzales v. Duenas-Alvarez, 127 S. Ct. 815 (2007). Heather Haynes heather@lauderdalecountycpc.org I hope and pray with all of my heart that it does not come back around in some form or fashion 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. At the arraignment, Judge Ben Graves told White he will be charged with escape in the first degree, . 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! 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). } . That is how Castillo-Rivera has been applied in subsequent Fifth Circuit cases, including Alexis. Copyright 2015 WAFF. [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. [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. : Medical Billing Expert Testimony and the Inability to Affect Damage Awards, Looking Forward After Kennedy v. Bremerton School District, Cooking Caremark? Box 794 (256) 760-5785 } Be sure to check other states near Florence, AL to get the records of more professionals. at 822. All rights reserved. Honorable Carole C. Medley, District Judge. [4] Under the Immigration and Nationality Act, a noncitizen who has been convicted of a violation of law relating to a controlled substance is removable from the United States. 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. A leader in comparative and Louisiana law since 1938. [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. Florence, AL 35630 Our firm takes pride in being approachable, patient, and affordable and [8] He has also held the position of adjunct professor at Millsaps College, Tougaloo College, and Jackson State University. 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. [42] The appellant, Juan Castillo-Rivera, was born in Mexico and came to the United States shortly after his birth. [54] Id. float: right; .clearfix { Graves was appointed to the Mississippi Supreme Court by Governor Ronnie Musgrove in 2001[3] and later won election to the Court in 2004. our clients to other lawyers/paralegals, we pay close attention to your Apply today! Florence Ellinwood Allen (March 23, 1884 - September 12, 1966) was a United States circuit judge of the United States Court of Appeals for the Sixth Circuit.She was the first woman to serve on a state supreme court and one of the first two women to serve as a United States federal judge. This judge is outside of that coverage scope and does not receive scheduled updates. The information below for Judge James Grimes was last updated on 12/01/2022. .courts-container hr {background-color:#f0a236;padding-bottom:2px;}, Eleventh Circuit Court of Appeals U.S. District Court: Northern District of Alabama, Middle District of Alabama, Southern District of Alabama U.S. Bankruptcy Court: Northern District of Alabama, Middle District of Alabama, Southern District of Alabama, Alabama Supreme Court Florence, Alabama 35631-1059, PO Box 1710 (256) 760-5757 FLORENCE, AL (WAFF) - Florence Municipal Judge Ben Graves announced his candidacy for Circuit Judge this week. County Courthouse, Suite 503 200 South Court Street Florence, AL 35630 (256) 760-5831. [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. The Graves Law Firm if you are facing a family law issue. To remove the legwork from our business clients, the program offers you one point of contact for assistance and information. [5] Where a match is found, certain federal law consequences are triggered, including immigration consequences. Newcomers/Visitors; Arts & Attractions . Just moments before Judge Graves handed down the sentence Wesson addressed the courtroom. Contact Benjamin R. Graves in Florence, AL for specific legal needs on legaldirectories.com Find a Lawyer By Location . He stated, Im sorry more than I can say. at 73233 (Graves, J., concurring). I accept responsibility for my actions.. [2], Graves is married to Dr. Bettye Ramsey Graves, Associate Vice President for Enrollment Management at Jackson State University. width: 250px; Alabama Probate Courts, Courts in Alabama Alabama judicial elections Judicial selection in Alabama. Trowbridges Florence Alabama is located at 316 N Court St. Graves was later re-elected without opposition in 1994 and 1998. } 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]. Discourse 132 (2019). What Biden might try next if his student loan forgiveness, Do Not Sell or Share My Personal Information. Honorable Benjamin R. Graves, Circuit Judge. [41], II. All rights reserved. Mark Finley. If one alternative (say, a building) matches an element in the generic offense, but the other (say, an automobile) does not, the modified categorical approach permits sentencing courts to consult a limited class of documents, such as indictments and jury instructions, to determine which alternative formed the basis of the defendants prior conviction. Killen, AL. He was also ordered to serve 10-years in prison on the charge of disseminating child pornography. } Owner, PIOT TV, LLC and Broadcast Media Specialist. 2011, 2020 WL 6701082 (S. Ct. Nov. 16, 2020). [27] On January 23, 2018, the Department of Homeland Security initiated removal proceedings against Alexis, under 8 U.S.C. If you are curious [5] See Taylor v. United States, 110 S. Ct. 2143 (1990). Ben Graves is the Republican judge for Place 1 on the 11 Circuit in Alabama.Graves won the general election on November 8, 2016.. [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. For the 2017 *fiscal year, Judge James Grimes has disposed 264 cases at the Office of Disability Adjudication and Review (ODAR) in FLORENCE, ALABAMA. 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. 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! handle every aspect of you case, and you will never be passed off to another Their mother said that Fuentes has ruined their entire lives. 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. Burdens, Benefits, or Both? [35] On review, the Supreme Court disagreed, finding that the generic definition of theft at common law has long included aiders and abettors.[36]. 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,. The Trustoria Service Professional Directory helps you find the best Lawyer for your latest project. Alabama Court of Criminal Appeals First, Jeffery Dale Hunt will serve 20 years for his crimes, and now Fuentes. needs and will fight tirelessly in order to protect you. Hire an experienced Pasadena & Beverly Hills divorce attorney from v. t. e. 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. [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. Monthly payments and certain citations may also be paid by going to. 35645, P.O. Florence, Alabama 35631 PO Box 776 (256) 760-5728 Florence, Alabama 35631. During the sentencing hearing Tuesday, friends of Wesson spoke to the judge stating he was not a child predator. City of Florence Alabama Jan 2013 - Present 10 years 1 month. [58] Alexis, 960 F.3d at 732 (Graves, J., concurring). 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. [23] Therefore, the California burglary statute was overbroad, was not a categorical match within the generic definition of burglary, and no federal law consequences flowed from conviction under it. Benjamin Graves is on Facebook. Yes, i did answer all of your questions because I had day planners spread all over the conference table from decades BECAUSE I CANNOT REMEMBER! Copyright 2021 WAFF. [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. Leading up to his April trial date, Wesson was indicted on dozens of additional charges in January related to possessing and sharing child pornography. [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]. color: white; "Working with both Sabrina and Demetria was great! For the 2017 *fiscal year, Judge James Grimes has disposed 264 cases at the Office of Disability Adjudication and Review (ODAR) in FLORENCE, ALABAMA. If you would like to help our coverage scope grow, consider donating to Ballotpedia. [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]. [8] Id. 2019). The Unified Gift and Estate Tax Lifetime Exemption, Set to Sunset and Revert to Pre-Tax Cuts and Jobs Act Levels in 2026, Says Otherwise, The First Circuit Court of Appeals Limitations on a Usufructuarys Rights: Cole v. Thomas. Navigating any legal problem is challenging especially any legal problem in family law, you know divorce, child custody and child support. [39] Id. word-wrap: break-word; }. On the 55-counts of possessing child pornography, Wesson has been sentenced to serve four years on each charge. About Lauderdale County; Employee Resources; Frequently Asked Questions; Job Openings; Lauderdale County Elected Officials; . 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. Select this result to view Odell Graves's phone number, address, and more. Professional Background CheckInformation on professionals, their work history and resumes. Florence Gazette 1827-1894 Newspapers.com. We will respond as soon as possible. Legal Team, We Offer Unfailing Commitment 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. Interestingly, Duenas-Alvarez chose not to defend the Ninth Circuits position, but rather posed a novel argument that focused on the element of intent. The restaurant is open Monday through Saturday. "White won't be held another hour at the Lauderdale County Detention Facility," Judge Ben Graves said during the hearing. Required fields are marked *. display: inline-block; Graves will run as a Republican against incumbent Democrat Billy Jackson. Tuscumbia attorney Mitch Hayes appointed Colbert County circuit judge. This is southern living at its best. in an affordable and timely manner. Which I plan on taking and allowing him to read my next appointment. 1227(a)(2)(B)(i), which makes noncitizens removable from the country for a conviction relating to a controlled substance. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Lauderdale County Courthouse - 200 S Court Street - Florence, AL 35630 Absentee Voting - (256) 760-5713 Animal Control - Please call 911. 8 U.S.C. Find reviews, educational history and legal experience. .widget-row.Independent, .widget-row.Nonpartisan, .widget-row.Constitution { FLORENCE, AL (WAFF) - Florence Municipal Judge Ben Graves announced his candidacy for Circuit Judge this week. One victim spoke out about how she tried to commit suicide more than once because of his actions.