Florence Municipal Court is connected to the Lauderdale County Detention Center. 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! Honorable Benjamin Graves, Circuit Judge Lauderdale County Courthouse, 200 South Court Street, Suite 317 Florence, Alabama 35030 (256) 760-5825 benjamin.graves@alacourt.gov . Graves stated he could show leniency, but he wouldnt give Wesson any grace on his conviction. } [1][2], The son of a Baptist minister, Graves was born and raised in Clinton, Mississippi. If you are searching for compassionate and personal legal representation Pete Wesson has remained in custody for the last four months in the Lauderdale County Detention Center. James Grimes, Roanoke , Virginia Odar Office, Administrative Law Judge. background-color: white; Graves was later re-elected without opposition in 1994 and 1998. [47] A Fifth Circuit panel disagreed, and Castillo-Rivera petitioned for rehearing en banc.[48]. [54] Id. That is how Castillo-Rivera has been applied in subsequent Fifth Circuit cases, including Alexis. 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. at 822.

[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. palimony, our firm can help. Burdens, Benefits, or Both? Northern Illinois University College of Law, Selected as an Alabama Super Lawyer - Thomson Reuters and the publishers of Business Alabama, National Association of Consumer Advocates. If you would like to help our coverage scope grow, consider donating to Ballotpedia. L. Rev. Ben Graves and his wife Mindy Goodwin Graves, are both Florence natives, and have three children - Charlie, Ann Hensley, and Jane Ellis. [11] Alexis petitioned the Supreme Court for certiorari, but the Court denied his request on November 16, 2020. color: white; Alabama Circuit Courts } [33] In that case, respondent Luis Duenas-Alvarez was a lawful, permanent resident convicted of vehicular theft under California law. I am very appreciative of her efforts and will most definitely call her [41], II. 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. Judge Chris Smith, and the Florence Municipal Prosecutor, Heath Trousdale, work part-time and are only available on court days. bankruptcy and divorce. 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. width: 100%; 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. [9] Id. Discourse 132 (2019). the LSU Law Center, or the LSU Board of Supervisors. Lauderdale County Courthouse - 200 S Court Street - Florence, AL 35630 Absentee Voting - (256) 760-5713 Animal Control - Please call 911. Be sure to check other states near Florence, AL to get the records of more professionals. The Florence Municipal Court Magistrates can be reached at (256) 760-6625. On this Wikipedia the language links are at the top of the page across from the article title. Florence, Alabama Area Education . 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. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Client Satisfaction Is OurNumber One Priority. font-size: .9em; All rights reserved. [13] But state criminal statutes vary, and an individual could be convicted of a crime in one state for the same conduct that would not be illegal in another state. The official website of Lauderdale County, AL, PO Box 1059 (256) 760-5840 width: 150px; width: 43%; They deal with civil claims of $3,000 or more, as well as most felony crimes. spousal support/alimony and Please look at the time stamp on the story to see when it was last updated. A primary election took place on March 1, 2016, with a primary runoff on April 12, 2016. 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. If you are curious Florence municipal judge announces Circuit Court run, Weather Service confirms tornado with two tracks in Jackson County. [59] Given this precedent, it seems appropriate for the Fifth Circuit to revisit its approach. color: black; padding-left: 10px; Juan Fuentes was convicted on multiple counts of production and possession of child pornography, sexual abuse and rape. in our power to ensure that our clients' legal issues are resolved and Woman of the Year from Women in Business, Top-Rated & Highly Successful } 2020)). .widget-row.heading { 2021 Disability Judges All Rights Reserved. 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! week join Attorney, Demetria L. Graves, a respected Certified Family Law LAUDERDALE COUNTY, Ala. (WAFF) - One Lauderdale County man will spend the rest of his life in jail. Benjamin R. Graves is a lawyer in Florence, Alabama focusing on various areas of law. Mark Finley. Visitors. [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. color: white; font-weight: bold; The Trustoria Service Professional Directory helps you find the best Lawyer for your latest project. Copyright 2015 WAFF. [2], There are 144 judges on the Alabama Circuit Courts, each elected to six-year terms. font-weight: bold; The law prohibits the Circuit Clerk from giving legal advice. Alpha Sigma Lambda; Alpha Chi. [42] The appellant, Juan Castillo-Rivera, was born in Mexico and came to the United States shortly after his birth. Waterloo, AL. [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. high net worth divorce or Box 1327, Florence, Alabama 35630. [8] Id. 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. Honorable William Powell, Circuit Judge. "I can not thank Demetria enough for the strength and guidance she provided me.". you will receive the legal support and representation you deserve. [24], Alexis v. United States entailed a straightforward application of the categorical approach. This means that the percentage of depositions that Judge James Grimes has approved in FLORENCE for the 2017 fiscal year is 18%. 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. .widget-value { Views expressed in the Louisiana Law Review do not necessarily reflect those of the staff, display: inline-block; .widget-row.Republican { Sustainability Initiative: Florence Forward, Florence - A Platinum Valley Sustainable Community, Florence Police Pursuit - Viewed Through Helmet Cam. 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). This is southern living at its best. [14] The approach is not without its criticssome scholars argue that it creates more problems than it solves. of California, Demetria was included in the list of California's Super Lawyers Florence Municipal Court handles all misdemeanors and traffic offenses within the City limits of Florence that were initiated by a Florence Police Officer. One victim spoke out about how she tried to commit suicide more than once because of his actions. about navigating the legal system or just curious about celebrity legal If your child will play baseball or softball this spring, youll need to stock up on appropriate clothing and equipment. Their mother said that Fuentes has ruined their entire lives. [39] Id. } color: white; to struggle with your family law matter alone. The Republican primary election will be held March 1, 2016. Benjamin Graves Municipal Judge. 2011, 2020 WL 6701082 (S. Ct. Nov. 16, 2020). [25] Alexis v. Barr, 960 F.3d 722, 724 (5th Cir. [56] Williams v. Barr, 960 F.3d 68, 78 (2d Cir. background-color: grey; [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. You'll be able to receive all of the City of Florence service information you need to expand or start a business, plus more. [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. Find reviews, educational history and legal experience. 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. Florence, AL. I. Click here to contact our editorial staff, and click here to report an error. at 825 (Stevens, J., concurring in part and dissenting in part). [3], Only voters residing in a particular circuit may vote for the circuit judge of that region.[3]. .widget-row.value-only { Pete Wessons family sat in shock as Judge Ben Graves handed down the sentence. [46] Castillo-Rivera argued that the enhanced sentence did not apply to him because the Texas definition of aggravated felony was overbroad. 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). [18] See generally Taylor, 110 S. Ct. 2143. The petitioner, Richard Lawrence Alexis, was a native of Trinidad and Tobago who had been living in the United States as a lawful permanent resident for nearly 30 years. 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. 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. Out of those 264 dispostions, 45 were dismissed, 138 were approved and 81 were denied. They also hear cases that have been appealed from the District Court. FLORENCE When Ben Graves was appointed the Florence municipal judge in January 2013, . [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. [15] Still, courts have widely employed the categorical approach since the Supreme Court first articulated it in 1990, and the Court has reaffirmed its use in several opinions since then. Your email address will not be published. text-align: center; Castillo-Rivera. [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. Killen, AL. Ben Graves is the Republican judge for Place 1 on the 11 Circuit in Alabama.Graves won the general election on November 8, 2016.. 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. 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? The Impact of Chief Justice Robertss June Medical Concurrence on Courts Analyses of Abortion Regulations, Can I Get a Witness? Copyright 2021 WAFF. Newcomers/Visitors; Arts & Attractions . The information below for Judge James Grimes was last updated on 12/01/2022. Tennessee, about two hours north of the jail in Florence, Alabama, US Marshals have said. [59] Id. [53] See generally Alexis v. Barr, 960 F.3d 722 (5th Cir. Judge, Circuit Court. Florence, Alabama 35631 PO Box 776 (256) 760-5728 Florence, Alabama 35631. 200 South Court Street Florence, AL 35631 (256) 760-5825. Alabama held general elections for local judicial offices in 2016. 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). 2016) (rejecting the governments argument that the petitioner had to meet the realistic probability test where the statute on its face was overbroad). 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! Click the above map. experience the same legal challenges in your own life. That only tells us that it was all about the pissing contest between your ego and Terrys ego! [51] See generally Taylor v. United States, 110 S. Ct. 2143 (1990). border:1px solid #FFB81F; }. At the arraignment, Judge Ben Graves told White he will be charged with escape in the first degree, . Florence, Alabama 35631, 102 South Court Street, 1st Floor (256) 760-5833 font-size: 1.2em; FLORENCE - Florence Municipal Judge Ben Graves has announced his candidacy for Circuit Judge as a Republican against the incumbent Democrat, Billy Jackson. [3] Graves has served as a Teaching Team Member of the Trial Advocacy Workshop at Harvard Law School since 1998. [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. Conclusion: The Fifth Circuit Should Reconsider Realistic Probability. modify your child support agreement? Graves served as legal counsel for both the Health Law Division and the Human Services Division of the Mississippi Attorney Generals Office. [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. For the 2017 *fiscal year, Judge James Grimes has disposed 264 cases at the Office of Disability Adjudication and Review (ODAR) in FLORENCE, ALABAMA. The general election was held on November 8, 2016. Box 159 (256) 760-5750 Ben Graves ran unopposed in the general election for the Alabama 11th Judicial Circuit Place 1 seat. They have three sons.[4][6]. Here is a complete directory of nearly all professional Judges in Florence, AL. Share this page on your favorite Social network. 100% remote. 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! in an affordable and timely manner. Our firm takes pride in being approachable, patient, and affordable and background-color: #003388; 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 . Lauderdale County District Attorney Chris Connelly asked Judge Benjamin Graves. publications board, or the student body. [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. A primary election took place on March 1, 2016, with a primary runoff on April 12, 2016. Managing Partner at Bond, Botes, Sykstus, Tanner & Ezzell, P.C. 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. 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. Interestingly, Duenas-Alvarez chose not to defend the Ninth Circuits position, but rather posed a novel argument that focused on the element of intent. [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. Amendment to Delaware General Corporation Law Permits Exculpation of Corporate Executive Officers, Sailing Into the Sunset? [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]. } 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). 2020). That a facially broader state law is overbroad was never in question. Theres nothing easy about these cases. [8] He has also held the position of adjunct professor at Millsaps College, Tougaloo College, and Jackson State University. display: inline-block; color: white; Honorable Carole C. Medley, District Judge. In 1991, Governor Ray Mabus appointed Graves as a Hinds County circuit court judge. (citing Vetcher v. Barr, 953 F.3d 361, 367 (5th Cir. This is an archived article and the information in the article may be outdated. 200 S Court St Rm 317 Florence, AL 35630-5657 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,. [44] He then reentered the United States unlawfully and was arrested again in Texas in 2014. Interns wanted: Get paid to help ensure that every voter has unbiased election information. The restaurant is open Monday through Saturday. 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. [3] He then worked in the private practice of law for three years, before returning to public service work. [43] In 2013, he pled guilty to a third felony under Texas law and was deported under federal immigration law. our clients to other lawyers/paralegals, we pay close attention to your Id. Leading up to his April trial date, Wesson was indicted on dozens of additional charges in January related to possessing and sharing child pornography. Just moments before Judge Graves handed down the sentence Wesson addressed the courtroom. background-color: #f9f9f9; 2020). First, Jeffery Dale Hunt will serve 20 years for his crimes, and now Fuentes. Qualifications 2017). 35630, P.O. FLORENCE, Ala. - A former Florence businessman convicted of possessing and sharing child pornography could spend the rest of his natural life in prison. } [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. margin-top: 1px; My name is Alicia Roper. Florence, AL 35630 needs and will fight tirelessly in order to protect you. No matter how troublesome your case may be, we can help. A leader in comparative and Louisiana law since 1938. [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. PO Box 1059 . Adventism. 35652, 5700 County Road 16 (256) 760-5750 Pete Wesson's family sat in shock as. } 2014 Louisiana Law Review. In April, a Lauderdale County jury found him guilty on 55-counts of possessing child porn, and one count of disseminating child pornography. [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. 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. Whether it be a .infobox { [27] On January 23, 2018, the Department of Homeland Security initiated removal proceedings against Alexis, under 8 U.S.C. . background-color: red; 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 width: 250px; The Graves Law Firm if you are facing a family law issue. 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. font-weight: bold; We have the skills needed to assist clients in many document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. [55] Id. Judge T. Henley Graves next to a painting of the Sussex County Courthouse that hangs in his office. 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. If you hire our divorce attorneys from The Graves Law Firm, [1] Alexis v. Barr, 960 F.3d 722 (5th Cir. Find Florida attorney Alice Graves in their Vero Beach office. [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. - Pasadena & Beverly Hills Family Law Attorney, We provide monthly billing statements with specific details of the work 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. All rights reserved. Judge Chris Smith, and the Florence Municipal Prosecutor, Heath Trousdale, work part-time and are only available on court days. It Doesn't Have To Be Ugly e-book for free! 35677. This material may not be published, broadcast, rewritten, or redistributed. Box 794 (256) 760-5785 } .widget-key { [14] See generally Taylor v. United States, 110 S. Ct. 2143 (1990). Copy and past this code into your website. Required fields are marked *. "Dr. Autherine Lucy Foster is a continuing testament to . [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. Select this result to view Odell Graves's phone number, address, and more. Florence Gazette 1827-1894 Newspapers.com. [1], Ben Graves defeated William Smith in the Alabama 11th Circuit Court Republican primary for Place 1. We interviewed our tech expert, Jaime Vazquez, to learn more about accessible smart home devices. Graves will run as a Republican against incumbent Democrat Billy Jackson. color: white; .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 } Our clients are our firm's number one priority, and we do everything Court is held at 9:00 am on the third Thursday of each month and provides practical tips for navigating such legal issues should you Office hours are Monday-Friday 8:00 am until 5:00 pm. FLORENCE, Ala. A former Florence businessman convicted of possessing and sharing child pornography could spend the rest of his natural life in prison. Evans, supra note 15, at 1777. child support and need to } 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.