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. . [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]. 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). FLORENCE When Ben Graves was appointed the Florence municipal judge in January 2013, . Board of Registrars - (256) 760-5840 Board of Education - (256) 760-1300 Circuit Clerk (4th Floor) - (256) 768-7598 Circuit Clerk (5th Floor) - (256) 760-5713 Community Corrections - (256) 768-7605 It was a very emotional day as victims sat across from Fuentes, face to face, waiting for his sentencing. width: 100%; Whether it be a Join Facebook to connect with Benjamin Graves and others you may know. palimony, our firm can help. width: 43%; The information below for Judge James Grimes was last updated on 12/01/2022. Florence, Alabama Area Education . [17] Descamps v. United States, 133 S. Ct. 2276, 2281 (2018). The law prohibits the Circuit Clerk from giving legal advice. All rights reserved. Views expressed in the Louisiana Law Review do not necessarily reflect those of the staff, 2017). .widget-row.Republican { handle every aspect of you case, and you will never be passed off to another Walter Veith. [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. 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. This is how life is supposed to be. Number One Priority. You pretty much calling Dr LaGanke incompetent and me a liar stating i could go back to work! Jan 19, 2023; 0; Submit Your News . Graves served as legal counsel for both the Health Law Division and the Human Services Division of the Mississippi Attorney Generals Office. float: right; word-wrap: break-word; You do not have We are responsible for providing the residents of Florence with Electricity, Gas & Water. you will receive the legal support and representation you deserve. [1] He received his commission on February 15, 2011. margin-top: 1px; 2020). } Legal Team, We Offer Unfailing Commitment You know we have always heard our entire lives that Karma comes back around in one way or another! Just moments before Judge Graves handed down the sentence Wesson addressed the courtroom. background-color: grey; Killen, AL. our clients to other lawyers/paralegals, we pay close attention to your The Republican primary election will be held March 1, 2016. [55] 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]. Alabama Court of Civil Appeals .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 font-weight: bold; Copyright 2015 WAFF. Graves said Casey White will go to the Alabama Department of. .infobox p { [5] At the time, Graves was the only African-American Justice on the Court. [25] Alexis v. Barr, 960 F.3d 722, 724 (5th Cir.

} [24], Alexis v. United States entailed a straightforward application of the categorical approach. [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. color: white; Killen, AL. 200 S Court St Rm 317 Florence, AL 35630-5657 Pete Wessons family sat in shock as Judge Ben Graves handed down the sentence. [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. [19] Descamps, 133 S. Ct. at 2283 (citing Taylor, 110 S. Ct. at 2159). The Trustoria Service Professional Directory helps you find the best Lawyer for your latest project. 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. 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. .widget-key { . [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. Named for Alabama's first United State Supreme Court Justice, John McKinley made his first home in Florence, Alabama from 1821-1842. Their mother said that Fuentes has ruined their entire lives. }. [59] Id. I. You know we have always heard our entire lives that Karma comes back around in one way or another! [59] Given this precedent, it seems appropriate for the Fifth Circuit to revisit its approach. If you would like to help our coverage scope grow, consider donating to Ballotpedia. Hire an experienced Pasadena & Beverly Hills divorce attorney from [46] Castillo-Rivera argued that the enhanced sentence did not apply to him because the Texas definition of aggravated felony was overbroad. The Circuit Court is a state trial court that hears both civil and criminal cases. width: 57%; In 2005, she was inducted into the National Women's Hall of Fame. font-weight: bold; [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]. The general election was held on November 8, 2016. Judge Chris Smith, and the Florence Municipal Prosecutor, Heath Trousdale, work part-time and are only available on court days. Elections 2016 See also: Alabama local trial court judicial elections, 2016 Alabama held general elections for local judicial offices in 2016. Apply today! [1] Writing for the majority, Judge Graves denied in part and dismissed in part petitioner Alexiss request for review of the Board of Immigration Appeals (BIA) order affirming an immigration judges removal order. At the arraignment, Judge Ben Graves told White he will be charged with escape in the first degree, . 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. [56] Williams v. Barr, 960 F.3d 68, 78 (2d Cir. [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. 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. [2], There are 144 judges on the Alabama Circuit Courts, each elected to six-year terms. This means that the percentage of depositions that Judge James Grimes has approved in FLORENCE for the 2017 fiscal year is 18%. By then, he had served 28 years on the Superior . (citing Vetcher v. Barr, 953 F.3d 361, 367 (5th Cir. color: black; width: 250px; 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. [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. [27] On January 23, 2018, the Department of Homeland Security initiated removal proceedings against Alexis, under 8 U.S.C. 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). drama, tune in! Navigating any legal problem is challenging especially any legal problem in family law, you know divorce, child custody and child support. 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. publications board, or the student body. Graves was appointed to the Mississippi Supreme Court by Governor Ronnie Musgrove in 2001[3] and later won election to the Court in 2004. Use the Contact Directory below or contact us via social media. On the 55-counts of possessing child pornography, Wesson has been sentenced to serve four years on each charge. [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. [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]. font-weight: bold; Alabama Court of Criminal Appeals The Graves Law Firm if you are facing a family law issue. Ballotpedia does not currently cover this office or maintain this page. Are you struggling to make [42] United States v. Castillo-Rivera, 853 F.3d 218 (5th Cir. spousal support/alimony and 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. .widget-value { Cash, cashiers check, and money orders are acceptable methods of payment. Facebook gives people the power to share and makes the world more open and connected. [8] Id. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. [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. Honorable Benjamin R. Graves, Circuit Judge. First, Jeffery Dale Hunt will serve 20 years for his crimes, and now Fuentes. 2016) (rejecting the governments argument that the petitioner had to meet the realistic probability test where the statute on its face was overbroad). 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. [3], Only voters residing in a particular circuit may vote for the circuit judge of that region.[3]. 35645, 5029 County Road 9 (256) 760-5750 Trowbridges Florence Alabama is located at 316 N Court St. [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. Graves decided to retire last August, when he turned 70 years old. [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. week join Attorney, Demetria L. Graves, a respected Certified Family Law Be sure to check other states near Florence, AL to get the records of more professionals. Florence, AL 35630 } color: white; The Impact of Chief Justice Robertss June Medical Concurrence on Courts Analyses of Abortion Regulations, Can I Get a Witness? } 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 Gilbert P. Self is the Republican Place 3 judge on the 11 Circuit in Alabama.He was initially appointed to the court by Gov. 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. Out of those 264 dispostions, 45 were dismissed, 138 were approved and 81 were denied. Heather Haynes heather@lauderdalecountycpc.org Jan 20, 2023; 0; Florence Camerata to begin rehearsals. at 825 (Stevens, J., concurring in part and dissenting in part). 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. You pretty much calling Dr LaGanke incompetent and me a liar stating i could go back to work! Alabama Circuit Courts 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. Any statements and opinions included in these pages are not those of Louisiana State University, 35652, 5700 County Road 16 (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. margin-bottom: 1px; 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. the LSU Law Center, or the LSU Board of Supervisors. 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. clear: both; I also hope and pray that you think on that when you lay your head on your pillow every night the rest of your career how you can just screw with peoples lives just because you have a degree! Leading up to his April trial date, Wesson was indicted on dozens of additional charges in January related to possessing and sharing child pornography. Honorable Benjamin Graves, Circuit Judge Lauderdale County Courthouse, 200 South Court Street, Suite 317 Florence, Alabama 35030 (256) 760-5825 benjamin.graves@alacourt.gov . display: inline-block; 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. 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. During the sentencing hearing Tuesday, friends of Wesson spoke to the judge stating he was not a child predator. This material may not be published, broadcast, rewritten, or redistributed. 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). background-color: #003388; [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. .widget-row.Independent, .widget-row.Nonpartisan, .widget-row.Constitution { [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. .widget-row.value-only.white { Florence, Alabama 35631 [14] The approach is not without its criticssome scholars argue that it creates more problems than it solves. [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. modify your child support agreement? } Required fields are marked *. One victim spoke out about how she tried to commit suicide more than once because of his actions. 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. If you are interested in going to Driving School you MUST appear in court on your court date. 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. during your divorce, contact the Pasadena & Beverly Hills divorce } They also hear cases that have been appealed from the District Court. Court is held every Tuesday and Thursday at 8:00 am and every third Tuesday of the month at 1:00 pm. That is how Castillo-Rivera has been applied in subsequent Fifth Circuit cases, including Alexis. Owner, PIOT TV, LLC and Broadcast Media Specialist. [60] Id. Judge Benjamin Graves sentenced Fuentes to 121 years in prison. [15] See States Commandeered Convictions: Why States Should Get a Veto over Crime-Based Deportation, 132 Harv. [58] Alexis, 960 F.3d at 732 (Graves, J., concurring). Judge T. Henley Graves announced his retirement this past February, but he isn't quite ready to leave the bench. Although approved by Senate Judiciary Committee on December 1, 2010, the Senate failed to act on the nomination. Hensley-Graves Properties, LLC Business Profile Hensley-Graves Properties, LLC Apartments Contact Information 2230 Chisholm Rd Florence, AL 35630-1350 Get Directions Visit Website (256). 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. Court is held at 9:00 am on the third Thursday of each month 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. He was also ordered to serve 10-years in prison on the charge of disseminating child pornography. 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! [7] He is a practicing Seventh-day Adventist. July 17, 2018. about navigating the legal system or just curious about celebrity legal Honorable William Powell, Circuit Judge. Honorable Carole C. Medley, District Judge. 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. background-color: red; 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. Burdens, Benefits, or Both? and provides practical tips for navigating such legal issues should you 6 talking about this. Box 159 (256) 760-5750 III. We have the skills needed to assist clients in many [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. .widget-row.value-only.black { "Dr. Autherine Lucy Foster is a continuing testament to . All rights reserved. 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. font-size: .9em; The Florence Municipal Court Magistrates can be reached at (256) 760-6625. } [9] Id. We also accept debit/credit cards (processing fee). font-weight: bold; [11] Alexis petitioned the Supreme Court for certiorari, but the Court denied his request on November 16, 2020. For the 2017 *fiscal year, Judge James Grimes has disposed 264 cases at the Office of Disability Adjudication and Review (ODAR) in FLORENCE, ALABAMA. of California, Demetria was included in the list of California's Super Lawyers 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! 2. Managing Partner at Bond, Botes, Sykstus, Tanner & Ezzell, P.C. 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.

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