decades BECAUSE I CANNOT REMEMBER! We have the skills needed to assist clients in many [15] See States Commandeered Convictions: Why States Should Get a Veto over Crime-Based Deportation, 132 Harv. Copyright 2021 WAFF. .clearfix { July 17, 2018. in family law, you know divorce, child custody and child support. Benjamin Graves Municipal Judge. 200 South Court Street Florence, AL 35630 (256) 760-5815 Graves was later re-elected without opposition in 1994 and 1998. [18] See generally Taylor, 110 S. Ct. 2143. Florence, AL, USA 35631, 603 County Road 414 (256) 760-5750 Sustainability Initiative: Florence Forward, Florence - A Platinum Valley Sustainable Community, Florence Police Pursuit - Viewed Through Helmet Cam. 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. 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. 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! Graves stated he could show leniency, but he wouldnt give Wesson any grace on his conviction. 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). [5] See Taylor v. United States, 110 S. Ct. 2143 (1990). Ron Sykstus is the managing partner of Bond, Botes, Sykstus, Tanner Ezzell, P.C. [45] This last arrest led to an illegal reentry charge and enhanced sentence. You pretty much calling Dr LaGanke incompetent and me a liar stating i could go back to work! you will receive the legal support and representation you deserve. Mark McDaniel, one of White's Huntsville-based defense attorneys, has said that his client will plead not guilty. It Doesn't Have To Be Ugly e-book for free! 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. Florence, AL 35630 (256) 760-5820. [58] Alexis, 960 F.3d at 732 (Graves, J., concurring). 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. [42] The appellant, Juan Castillo-Rivera, was born in Mexico and came to the United States shortly after his birth. That a facially broader state law is overbroad was never in question. 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. Are you and your spouse considering divorce? color: black; 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. For the 2017 *fiscal year, Judge James Grimes has disposed 264 cases at the Office of Disability Adjudication and Review (ODAR) in FLORENCE, ALABAMA. [42] United States v. Castillo-Rivera, 853 F.3d 218 (5th Cir. III. 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. He stated, Im sorry more than I can say. PO Box 776 (256) 760-5728 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 width: 43%; Monthly payments and certain citations may also be paid by going to. This judge is outside of that coverage scope and does not receive scheduled updates. word-wrap: break-word; 2020)). Unlike other firms, we do not pass Alpha Sigma Lambda; Alpha Chi. Jan 20, 2023; 0; Florence Camerata to begin rehearsals. [19] Descamps, 133 S. Ct. at 2283 (citing Taylor, 110 S. Ct. at 2159). 2016) (rejecting the governments argument that the petitioner had to meet the realistic probability test where the statute on its face was overbroad). . Pete Wesson's family sat in shock as. If you would like to help our coverage scope grow, consider donating to Ballotpedia. 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. Your email address will not be published. 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). trusted legal counsel. Jan 19, 2023; 0; Submit Your News . 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. Honorable Benjamin R. Graves, Circuit Judge. Benjamin Graves is on Facebook. [13] See generally Amit Jain & Philip Dane Warren, An Ode to the Categorical Approach, 67 UCLA L. Rev. display: block; Just moments before Judge Graves handed down the sentence Wesson addressed the courtroom. [1] He received his commission on February 15, 2011. Honorable Carole C. Medley, District Judge. Judge Graves; Judge Powell; Judge Motlow; Resources. 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? When you contact our firm, you can rest assured knowing that you hired [57] See Mercado v. Lynch, 823 F.3d 276 (5th Cir. By then, he had served 28 years on the Superior . Florence, AL. 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. 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. 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. to struggle with your family law matter alone. .widget-img { [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. Ballotpedia does not currently cover this office or maintain this page. 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. Practices Family, Criminal defense, Education. [1], Ben Graves defeated William Smith in the Alabama 11th Circuit Court Republican primary for Place 1. Starting or doing business with the City of Florence has never been easier. .widget-row.heading { our clients to other lawyers/paralegals, we pay close attention to your Be sure to check other states near Florence, AL to get the records of more professionals. should I need her services again. Managing Partner at Bond, Botes, Sykstus, Tanner & Ezzell, P.C. [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. At the arraignment, Judge Ben Graves told White he will be charged with escape in the first degree, . Walter Veith. 100% remote. 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. Since we are a small firm, our Glendale divorce lawyer will personally Each palimony, our firm can help. [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. we have completed, Demetria is a Board Certified Family Law Specialist with the state bar Florence, AL. [1] Alexis v. Barr, 960 F.3d 722 (5th Cir. If you are curious Facebook gives people the power to share and makes the world more open and connected. Our firm takes pride in being approachable, patient, and affordable and I am very appreciative of her efforts and will most definitely call her We also accept debit/credit cards (processing fee). 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. Interns wanted: Get paid to help ensure that every voter has unbiased election information. at 732 (Graves, J., concurring) (citing Mellouli v. Lynch, 135 S. Ct. 1980 (2015); Mathis v. United States, 136 S. Ct. 2243 (2016)). handle every aspect of you case, and you will never be passed off to another margin-bottom: 1px; [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. A primary election took place on March 1, 2016, with a primary runoff on April 12, 2016. [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. font-size: .9em; A total of 230-years. Elections 2016 See also: Alabama local trial court judicial elections, 2016 Alabama held general elections for local judicial offices in 2016. 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. Circuit Judges serve for terms of 6 years. 35677. Join Facebook to connect with Benjamin Graves and others you may know. Killen, AL. Florence, Alabama 35631-1059, PO Box 1710 (256) 760-5757 Your email address will not be published. Florence Municipal Court is connected to the Lauderdale County Detention Center. spousal support/alimony and 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! Use the Contact Directory below or contact us via social media. Professional Background CheckInformation on professionals, their work history and resumes. Newcomers/Visitors; Arts & Attractions . Benjamin R. Graves is a lawyer in Florence, Alabama focusing on various areas of law. During the sentencing hearing Tuesday, friends of Wesson spoke to the judge stating he was not a child predator. 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. 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. Ben Graves is the Republican judge for Place 1 on the 11 Circuit in Alabama.Graves won the general election on November 8, 2016.. The law prohibits the Circuit Clerk from giving legal advice. I. [10] Judge Graves suggested that the Supreme Court should resolve the circuit split, or the Fifth Circuit should revisit the matter. - Pasadena & Beverly Hills Family Law Attorney, We provide monthly billing statements with specific details of the work 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. we strive to provide our clients with the personal service they deserve. Castillo-Rivera. We will respond as soon as possible. Florence, Alabama 35631, PO Box 1059 (256) 760-5804 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 Killen, AL. Alabama Court of Criminal Appeals } All rights reserved. The mailing address is P.O. 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. He was also ordered to serve 10-years in prison on the charge of disseminating child pornography. [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. Graves will run as a Republican against incumbent Democrat Billy Jackson. in our power to ensure that our clients' legal issues are resolved 35645, P.O. Florence municipal judge announces Circuit Court run, Weather Service confirms tornado with two tracks in Jackson County. Theres nothing easy about these cases. [33] Gonzales v. Duenas-Alvarez, 127 S. Ct. 815 (2007). background-color: #f9f9f9; 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. [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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. 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, Alabama Area Education . Florence Municipal Court handles all misdemeanors and traffic offenses within the City limits of Florence that were initiated by a Florence Police Officer. margin-top: 1px; 35652, 5700 County Road 16 (256) 760-5750 } .widget-key { "Working with both Sabrina and Demetria was great! Discourse 132 (2019). Attorneys for Pete Wesson have indicated an appeal could be filed in the near future. Tennessee, about two hours north of the jail in Florence, Alabama, US Marshals have said. font-weight: bold; Top 3 Results for Odell Graves. lawyer or paralegal. color: black; [5][6] Graves then attended Millsaps College and graduated in 1975 with a Bachelor of Arts degree in Sociology. To remove the legwork from our business clients, the program offers you one point of contact for assistance and information. Florence, Alabama 35631 8 U.S.C. Alabama Court of Civil Appeals padding-left: 10px; background-color: #f9d334; } The menu at Trowbridges one of the favourite places to eat in Florence Alabama For casual fine dining, check out Odette's which is down the street from Trowbridges. 2014 Louisiana Law Review. 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. 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. clear: both; 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! Honorable William Powell, Circuit Judge. Alabama held general elections for local judicial offices in 2016. [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. background-color: grey; experience the same legal challenges in your own life. [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. [6], Graves began his legal career as a staff attorney at Central Mississippi Legal Services in 1980. needs and will fight tirelessly in order to protect you. [25] Many of his immediate family members were U.S. citizens, including his mother, step-father, three siblings, and young daughter. [8] He has also held the position of adjunct professor at Millsaps College, Tougaloo College, and Jackson State University. The Trustoria Service Professional Directory helps you find the best Lawyer for your latest project. Judge Benjamin Graves sentenced Fuentes to 121 years in prison. Although approved by Senate Judiciary Committee on December 1, 2010, the Senate failed to act on the nomination. .top_disclaimer { If you are searching for compassionate and personal legal representation Rogersville, AL.

float:right; FLORENCE, AL (WAFF) - Florence Municipal Judge Ben Graves announced his candidacy for Circuit Judge this week. 	display: inline-block; [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. LAUDERDALE COUNTY, Ala. (WAFF) - One Lauderdale County man will spend the rest of his life in jail. Graves was appointed to the Mississippi Supreme Court by Governor Ronnie Musgrove in 2001[3] and later won election to the Court in 2004. 			 drama, tune in! the offense as commonly understood.[17] Courts find the elements of the federal, generic crime in a federal statute, common law, or other sources such as jury instructions. Ben Graves is the Republican judge for Place 1 on the 11 Circuit in Alabama. .widget-row.Democratic { The chief judge of a circuit court is selected by peer vote and serves a three-year term. 	font-size: 1.2em; [35] On review, the Supreme Court disagreed, finding that the generic definition of theft at common law has long included aiders and abettors.[36]. 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. } The Impact of Chief Justice Robertss June Medical Concurrence on Courts Analyses of Abortion Regulations, Can I Get a Witness? [43] In 2013, he pled guilty to a third felony under Texas law and was deported under federal immigration law.  [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. We are responsible for providing the residents of Florence with Electricity, Gas & Water. 	display: inline-block; Qualifications  1227(a)(2)(B)(i). 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! 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. All rights reserved. [5] At the time, Graves was the only African-American Justice on the Court. [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. And why is it on my car? Judge Benjamin Graves sentenced Fuentes to 121 years in prison. [55] [56] Williams v. Barr, 960 F.3d 68, 78 (2d Cir. Florence, AL 35630 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].  			Number One Priority. Graves decided to retire last August, when he turned 70 years old. Juan Fuentes was convicted on multiple counts of production and possession of child pornography, sexual abuse and rape. [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. [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. Florence Gazette 1827-1894 Newspapers.com. Court is held at 9:00 am on the third Thursday of each month Hand said these cases dont get easier but its their job to get justice for the victims. 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. 	color: white; } 			 week join Attorney, Demetria L. Graves, a respected Certified Family Law