In an unusual turn of events last summer, U.S. Fifth Circuit Court of Appeals Judge James E. Graves, Jr. wrote the majority opinion in Alexis v. Barr, then separately wrote a concurrence criticizing his own opinion. FLORENCE - Florence Municipal Judge Ben Graves has announced his candidacy for Circuit Judge as a Republican against the incumbent Democrat, Billy Jackson. Owner, PIOT TV, LLC and Broadcast Media Specialist. [55] Id. 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. Alabama Circuit Courts 23 results found 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. [15] See States Commandeered Convictions: Why States Should Get a Veto over Crime-Based Deportation, 132 Harv. To show realistic probability, an offender, of course, may show that the statute was so applied in his own case. Court is held at 9:00 am on the third Thursday of each month This judge is outside of that coverage scope and does not receive scheduled updates. A primary election took place on March 1, 2016, with a primary runoff on April 12, 2016. 2019). Waterloo, AL. display: inline-block; [13] See generally Amit Jain & Philip Dane Warren, An Ode to the Categorical Approach, 67 UCLA L. Rev. [12] Denial of Petition for Writ of Certiorari, No. .widget-row.Libertarian { 35630, P.O. Circuit Judges serve for terms of 6 years. [44] He then reentered the United States unlawfully and was arrested again in Texas in 2014. James Grimes, Roanoke , Virginia Odar Office, Administrative Law Judge. Florence, Alabama 35631 PO Box 776 (256) 760-5728 Florence, Alabama 35631. font-weight: bold; [11] Alexis, 960 F.3d at 734 (Graves, J., concurring). 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. [17] Descamps v. United States, 133 S. Ct. 2276, 2281 (2018). The Fifth Circuits Application of Realistic Probability, The Fifth Circuit established new precedent when it applied the realistic probability test in the 2017 case of United States v. You pretty much calling Dr LaGanke incompetent and me a liar stating i could go back to work! FLORENCE When Ben Graves was appointed the Florence municipal judge in January 2013, . Mark McDaniel, one of White's Huntsville-based defense attorneys, has said that his client will plead not guilty. Attorneys for Pete Wesson have indicated an appeal could be filed in the near future. display: inline-block; "I can not thank Demetria enough for the strength and guidance she provided me.". Sustainability Initiative: Florence Forward, Florence - A Platinum Valley Sustainable Community, Florence Police Pursuit - Viewed Through Helmet Cam. Hand said these cases dont get easier but its their job to get justice for the victims. } 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. Heather Haynes heather@lauderdalecountycpc.org [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. Judge Chris Smith, and the Florence Municipal Prosecutor, Heath Trousdale, work part-time and are only available on court days. publications board, or the student body. [33] In that case, respondent Luis Duenas-Alvarez was a lawful, permanent resident convicted of vehicular theft under California law. 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). "Working with both Sabrina and Demetria was great! 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! [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. 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. They have three sons.[4][6]. Alpha Sigma Lambda; Alpha Chi. 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. Interns wanted: Get paid to help ensure that every voter has unbiased election information. 2011, 2020 WL 6701082 (S. Ct. Nov. 16, 2020). 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 . [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]. .widget-row.value-only.white { 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. font-size: 1.2em; 2021 Disability Judges All Rights Reserved. Which I plan on taking and allowing him to read my next appointment. week join Attorney, Demetria L. Graves, a respected Certified Family Law The restaurant is open Monday through Saturday. 2016) (rejecting the governments argument that the petitioner had to meet the realistic probability test where the statute on its face was overbroad). 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. [1][2], The son of a Baptist minister, Graves was born and raised in Clinton, Mississippi. [9] The first African-Americans to serve on the Mississippi Supreme Court were Reuben V. Anderson, who served from 1985 to 1990, followed by Fred L. Banks Jr. from 1991 to 2001. 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. [18] See generally Taylor, 110 S. Ct. 2143. In April, a Lauderdale County jury found him guilty on 55-counts of possessing child porn, and one count of disseminating child pornography. Copy and past this code into your website. 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. } Elections 2016 See also: Alabama local trial court judicial elections, 2016 Alabama held general elections for local judicial offices in 2016. This is an archived article and the information in the article may be outdated. Ballotpedia does not currently cover this office or maintain this page. [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. word-wrap: break-word; [3], Only voters residing in a particular circuit may vote for the circuit judge of that region.[3]. LAUDERDALE COUNTY, Ala. (WAFF) - One Lauderdale County man will spend the rest of his life in jail. .widget-key { [8] He has also held the position of adjunct professor at Millsaps College, Tougaloo College, and Jackson State University. Florence Gazette 1827-1894 Newspapers.com. The general election was held on November 8, 2016. in an affordable and timely manner. width: 100%; at 732 (Graves, J., concurring) (citing Mellouli v. Lynch, 135 S. Ct. 1980 (2015); Mathis v. United States, 136 S. Ct. 2243 (2016)). 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. 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. III. We are responsible for providing the residents of Florence with Electricity, Gas & Water. [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. [25] Alexis v. Barr, 960 F.3d 722, 724 (5th Cir. [53] However, that interpretation is inconsistent with the actual articulation of the test in Duenas-Alvarez. [42] United States v. Castillo-Rivera, 853 F.3d 218 (5th Cir. [11] Alexis petitioned the Supreme Court for certiorari, but the Court denied his request on November 16, 2020. margin-bottom: 1px; of California, Demetria was included in the list of California's Super Lawyers [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. [24], Alexis v. United States entailed a straightforward application of the categorical approach. float: right; display: block; 35645, P.O. [7] In most circuits, the inquiry would have ended there: the court would declare the Texas law overbroad, and refrain from applying federal immigration consequences. } Tuscumbia attorney Mitch Hayes appointed Colbert County circuit judge. Your email address will not be published. [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. [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. Florence municipal judge announces Circuit Court run, Weather Service confirms tornado with two tracks in Jackson County. Evans, supra note 15, at 1777. Background: Applying State Criminal Law to Federal Immigration Law, An individuals conviction for certain crimes under state law can trigger federal law consequences, including additional incarceration, required registration as a sex offender, and mandatory removal from the country under immigration law, as was the case in Alexis v. United States. L. Rev. [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. They appear on partisan election ballots statewide and must face re-election if they wish to serve again. } width: 250px; Judge, Circuit Court. Ben Graves is the Republican judge for Place 1 on the 11 Circuit in Alabama.Graves won the general election on November 8, 2016.. } [35] On review, the Supreme Court disagreed, finding that the generic definition of theft at common law has long included aiders and abettors.[36]. 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). This means that the percentage of depositions that Judge James Grimes has approved in FLORENCE for the 2017 fiscal year is 18%.
float:right; . Professional Background CheckInformation on professionals, their work history and resumes. trusted legal counsel. } 200 S Court St Rm 317 Florence, AL 35630-5657 Box 794 (256) 760-5785 Since we are a small firm, our Glendale divorce lawyer will personally Graves was later re-elected without opposition in 1994 and 1998. 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. spousal support/alimony and color: white; Jan 19, 2023; 0; Submit Your News . font-weight: bold; The Circuit Court is a state trial court that hears both civil and criminal cases. A primary election took place on March 1, 2016, with a primary runoff on April 12, 2016. Judge Benjamin Graves sentenced Fuentes to 121 years in prison. [46] Castillo-Rivera argued that the enhanced sentence did not apply to him because the Texas definition of aggravated felony was overbroad. When you contact our firm, you can rest assured knowing that you hired Lauderdale County District Attorney Chris Connelly asked Judge Benjamin Graves. 8 U.S.C. The Florence Municipal Court Magistrates can be reached at (256) 760-6625. On the 55-counts of possessing child pornography, Wesson has been sentenced to serve four years on each charge. Alabama Court of Civil Appeals 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. The Republican primary election will be held March 1, 2016. [51] See generally Taylor v. United States, 110 S. Ct. 2143 (1990). background-color: #f9d334; 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. [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. 2018)). margin-bottom:0px; Florence, AL 35630 [49] The court wrote that Castillo-Rivera cannot simply point to certain crimes that may be included in one [statute] but not the other.[50] In reality, however, that is exactly how the categorical approach has been applied since the Supreme Court first articulated it in 1990. should I need her services again. [5] See Taylor v. United States, 110 S. Ct. 2143 (1990). We have the skills needed to assist clients in many But he must at least point to his own case or other cases in which the state courts in fact did apply the statute in the special (nongeneric) manner for which he argues. 200 South Court Street Florence, AL 35631 (256) 760-5825. Number One Priority. [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. Find reviews, educational history and legal experience. [28] Alexis contested the removal proceeding on the grounds that his state conviction did not qualify as a federal controlled substance offense because the Texas definition of cocaine was broader than the federal definition. In 1991, Governor Ray Mabus appointed Graves as a Hinds County circuit court judge. 2020)). Out of those 264 dispostions, 45 were dismissed, 138 were approved and 81 were denied. background-color: #f9f9f9; Click here to contact us for media inquiries, and please donate here to support our continued expansion. Select this result to view Odell Graves's phone number, address, and more. A total of 230-years. 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. An exception to this rule is the modified categorical approach, which is applied to a divisible statute, which the Court describes as a statute that: sets out one or more elements of the offense in the alternativefor example, stating that burglary involves entry into a building or an automobile. Facebook gives people the power to share and makes the world more open and connected. [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. Client Satisfaction Is OurNumber One Priority. [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. Unlike other firms, we do not pass First, Jeffery Dale Hunt will serve 20 years for his crimes, and now Fuentes. The law prohibits the Circuit Clerk from giving legal advice. margin-top: 1px; } Are you struggling to make Save my name, email, and website in this browser for the next time I comment. in our power to ensure that our clients' legal issues are resolved padding-left: 10px; Graves will run as a Republican against incumbent Democrat Billy Jackson. . Are you and your spouse considering divorce? If you are interested in going to Driving School you MUST appear in court on your court date. at 73233 (Graves, J., concurring). Florence, Alabama 35631, 102 South Court Street, 1st Floor (256) 760-5833 That a facially broader state law is overbroad was never in question. Florence, AL, USA 35631, 603 County Road 414 (256) 760-5750 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. Contact Benjamin R. Graves in Florence, AL for specific legal needs on legaldirectories.com Find a Lawyer By Location . Id. 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. If you would like to help our coverage scope grow, consider donating to Ballotpedia. 1. He was also ordered to serve 10-years in prison on the charge of disseminating child pornography. attorney from The Graves Law Firm as soon as possible. Amendment to Delaware General Corporation Law Permits Exculpation of Corporate Executive Officers, Sailing Into the Sunset? .widget-row.Green { margin-bottom: 0; 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! Recipient, American Jurisprudence Awards in Corporate Tax and Owner/Director of Marketing & Promotions at SMAF (Strategic Marketing & Advertising Firm), Owner, SMAF (Strategic Marketing & Advertising Firm). If you are curious Here is a complete directory of nearly all professional Judges in Florence, AL. Practices Family, Criminal defense, Education. we strive to provide our clients with the personal service they deserve. [54] Id. Their mother said that Fuentes has ruined their entire lives. Box 1327, Florence, Alabama 35630. [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. } [5] Where a match is found, certain federal law consequences are triggered, including immigration consequences. Top 3 Results for Odell Graves. Interestingly, Duenas-Alvarez chose not to defend the Ninth Circuits position, but rather posed a novel argument that focused on the element of intent. Wesson will be transported to the Alabama Department of Corrections in the coming days. [53] See generally Alexis v. Barr, 960 F.3d 722 (5th Cir. Florence Municipal Court is connected to the Lauderdale County Detention Center. You pretty much calling Dr LaGanke incompetent and me a liar stating i could go back to work! font-weight: bold; I would like to receive 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. .widget-row.Independent, .widget-row.Nonpartisan, .widget-row.Constitution { One victim spoke out about how she tried to commit suicide more than once because of his actions. I accept responsibility for my actions.. Florence, AL. Honorable William Powell, Circuit Judge. Our clients are our firm's number one priority, and we do everything [1] He received his commission on February 15, 2011. about navigating the legal system or just curious about celebrity legal Copyright 2015 WAFF. Florence Municipal Court handles all misdemeanors and traffic offenses within the City limits of Florence that were initiated by a Florence Police Officer. 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. 100% remote. 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.
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