Graves seeking Lauderdale Circuit Judge seat - TimesDaily [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. color: black; we strive to provide our clients with the personal service they deserve. County Courthouse, Suite 503 200 South Court Street Florence, AL 35630 (256) 760-5831. color: white; 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. Honorable Krystal Q. Alves | Prince George's County Judicial, MD padding-left: 10px; .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 First, Jeffery Dale Hunt will serve 20 years for his crimes, and now Fuentes. [5] See Taylor v. United States, 110 S. Ct. 2143 (1990). Florence, Alabama Area Education . high net worth divorce or 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 . Odell Graves - Address & Phone Number | Whitepages No matter how troublesome your case may be, we can help. Specialist in Los Angeles, as she breaks down the celebrity legal headlines This means that the percentage of depositions that Judge James Grimes has approved in FLORENCE for the 2017 fiscal year is 18%. That is how Castillo-Rivera has been applied in subsequent Fifth Circuit cases, including Alexis. Select this result to view Odell Graves's phone number, address, and more. L. Rev. 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. Hatchett. Wesson sentenced to more than 200-years in prison for Florence child 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). 2017). you will receive the legal support and representation you deserve. By then, he had served 28 years on the Superior . [34] The Ninth Circuit Court of Appeals found that no immigration consequences flowed from Duenas-Alvarezs conviction because the California law, which recognizes liability for a party acting as an accessory or accomplice to the crime, is broader than federal law. [7] He also earned a Master of Public Administration degree from the Maxwell School of Citizenship and Public Affairs at Syracuse University in 1981. float: right; You pretty much calling Dr LaGanke incompetent and me a liar stating i could go back to work! First, Jeffery Dale Hunt will serve 20 years for his crimes, and now Fuentes. [10] Judge Graves suggested that the Supreme Court should resolve the circuit split, or the Fifth Circuit should revisit the matter. .clearfix { [53] See generally Alexis v. Barr, 960 F.3d 722 (5th Cir. [15] See States Commandeered Convictions: Why States Should Get a Veto over Crime-Based Deportation, 132 Harv. Overbroad or Overboard? Reconsidering the Fifth Circuit's - LSU background-color: grey; Jan 19, 2023; 0; Submit Your News . FLORENCE, Ala. A former Florence businessman convicted of possessing and sharing child pornography could spend the rest of his natural life in prison. Tuscumbia attorney Mitch Hayes appointed Colbert County circuit judge. [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. 2020). Navigating any legal problem is challenging especially any legal problem in family law, you know divorce, child custody and child support. palimony, our firm can help. To Clients, Client Satisfaction Is Our 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! Views expressed in the Louisiana Law Review do not necessarily reflect those of the staff, 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,. [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. News | timesdaily.com background-color: #f9d334; Office hours are Monday-Friday 8:00 am until 5:00 pm. [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. [55] The mailing address is P.O. should I need her services again. Benjamin Graves - Municipal Judge - City of Florence Alabama - LinkedIn Adventism. The Trustoria Service Professional Directory helps you find the best Lawyer for your latest project. 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. 8 U.S.C. [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. modify your child support agreement? [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. 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. Lauderdale County District Attorney Chris Connelly asked Judge Benjamin Graves. 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. background-color: red; Florence municipal judge announces Circuit Court run, Weather Service confirms tornado with two tracks in Jackson County. Honorable Carole C. Medley, District Judge. [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. Please look at the time stamp on the story to see when it was last updated. The Impact of Chief Justice Robertss June Medical Concurrence on Courts Analyses of Abortion Regulations, Can I Get a Witness? .widget-row.value-only.white { .widget-row.Republican { 2014 Louisiana Law Review. }. "White won't be held another hour at the Lauderdale County Detention Facility," Judge Ben Graves said during the hearing. The official website of Lauderdale County, AL, PO Box 1059 (256) 760-5840 .widget-row.value-only { color: white; 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. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. 35645, 5029 County Road 9 (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. If you are interested in going to Driving School you MUST appear in court on your court date. This is an archived article and the information in the article may be outdated. All rights reserved. In 1991, Governor Ray Mabus appointed Graves as a Hinds County circuit court judge. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. Contact Us - Lauderdale County Government [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. experience the same legal challenges in your own life. Wesson will be transported to the Alabama Department of Corrections in the coming days. 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. Lauderdale County Courthouse - 200 S Court Street - Florence, AL 35630 Absentee Voting - (256) 760-5713 Animal Control - Please call 911. } In 2005, she was inducted into the National Women's Hall of Fame. . Benjamin R. Graves - Lawyer in Florence, Alabama (AL) Lauderdale County Benjamin Graves is on Facebook. 2016) (rejecting the governments argument that the petitioner had to meet the realistic probability test where the statute on its face was overbroad). in an affordable and timely manner. 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. Newcomers/Visitors; Arts & Attractions . Florence, AL. E. E. Cleveland. [1], Ben Graves defeated William Smith in the Alabama 11th Circuit Court Republican primary for Place 1. Our clients are our firm's number one priority, and we do everything 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. If you would like to help our coverage scope grow, consider donating to Ballotpedia. 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. Graves will run as a Republican against incumbent Democrat Billy Jackson. [12] Denial of Petition for Writ of Certiorari, No. Cash, cashiers check, and money orders are acceptable methods of payment. [59] Given this precedent, it seems appropriate for the Fifth Circuit to revisit its approach. And why is it on my car? [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. Lauderdale Children's Policy Councils of Alabama Home The Florence Municipal Court Magistrates can be reached at (256) 760-6625. Which I plan on taking and allowing him to read my next appointment. [2], Graves is married to Dr. Bettye Ramsey Graves, Associate Vice President for Enrollment Management at Jackson State University. Waterloo, AL. [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. Casey White: Recaptured fugitive tranferred to Alabama prison - MSN [33] Gonzales v. Duenas-Alvarez, 127 S. Ct. 815 (2007). Juan Fuentes was convicted on multiple counts of production and possession of child pornography, sexual abuse and rape. [54] Id. Alice Graves - Lawyer in Vero Beach, FL - Avvo Mark Finley. Evans, supra note 15, at 1777. 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. 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. Mark McDaniel, one of White's Huntsville-based defense attorneys, has said that his client will plead not guilty. [37] Specifically, he argued that while the plain text of the California statute was not overbroad on its face, it was overbroad in practice because California credits commission of a crime that naturally and probably results from intended conduct as intent. Sustainability Initiative: Florence Forward, Florence - A Platinum Valley Sustainable Community, Florence Police Pursuit - Viewed Through Helmet Cam. Qualifications 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). 2019). font-weight: bold; The Trustoria Service Professional Directory helps you find the best Lawyer for your latest project. display: inline-block; [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. - Pasadena & Beverly Hills Family Law Attorney, We provide monthly billing statements with specific details of the work Florence, AL 35630 .widget-value { Alabama Court of Criminal Appeals Join Facebook to connect with Benjamin Graves and others you may know. [27] On January 23, 2018, the Department of Homeland Security initiated removal proceedings against Alexis, under 8 U.S.C. One victim spoke out about how she tried to commit suicide more than once because of his actions. 35677. 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. Gilbert P. Self - Ballotpedia Florence, AL. 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. Ben Graves - Ballotpedia 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. .infobox { For the 2017 *fiscal year, Judge James Grimes has disposed 264 cases at the Office of Disability Adjudication and Review (ODAR) in FLORENCE, ALABAMA. [3] Graves has served as a Teaching Team Member of the Trial Advocacy Workshop at Harvard Law School since 1998. 1. margin: auto; .widget-row.heading { Visitors. 2020).
} 2018)). 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. about navigating the legal system or just curious about celebrity legal To remove the legwork from our business clients, the program offers you one point of contact for assistance and information. Judge considering December trial for Casey White in Vicky White's They deal with civil claims of $3,000 or more, as well as most felony crimes. Florence municipal judge announces Circuit Court run - WAFF 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.