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Court is held at 9:00 am on the third Thursday of each month 200 S Court St Rm 317 Florence, AL 35630-5657 Contact Us - Lauderdale County Government On the 55-counts of possessing child pornography, Wesson has been sentenced to serve four years on each charge. Lauderdale County Elected Officials Click the above map. [3] Graves has served as a Teaching Team Member of the Trial Advocacy Workshop at Harvard Law School since 1998. .widget-row { The official website of Lauderdale County, AL, PO Box 1059 (256) 760-5840 2016) (rejecting the governments argument that the petitioner had to meet the realistic probability test where the statute on its face was overbroad). Lauderdale County Judge expected to rule on pending motions in Casey Lauderdale County - Eleventh Circuit Court of Alabama 2017). They appear on partisan election ballots statewide and must face re-election if they wish to serve again. A total of 230-years. Florence, AL 35630 At the arraignment, Judge Ben Graves told White he will be charged with escape in the first degree, . Waterloo, AL. 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. 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. [57] See Mercado v. Lynch, 823 F.3d 276 (5th Cir. Benjamin R. Graves - Lawyer in Florence, Alabama (AL) Lauderdale County It was a very emotional day as victims sat across from Fuentes, face to face, waiting for his sentencing. Managing Partner at Bond, Botes, Sykstus, Tanner & Ezzell, P.C. Be sure to check other states near Florence, AL to get the records of more professionals. 2020). 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. This means that the percentage of depositions that Judge James Grimes has approved in FLORENCE for the 2017 fiscal year is 18%. width: 57%; [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 also accept debit/credit cards (processing fee). Copyright 2015 WAFF. [14] See generally Taylor v. United States, 110 S. Ct. 2143 (1990). They deal with civil claims of $3,000 or more, as well as most felony crimes. Box 1327, Florence, Alabama 35630. margin-bottom:0px; Jan 19, 2023; 0; Submit Your News . font-weight: bold; .widget-key { This is an archived article and the information in the article may be outdated. Views expressed in the Louisiana Law Review do not necessarily reflect those of the staff, Florence, Alabama 35631, 102 South Court Street, 1st Floor (256) 760-5833 color: black; [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. FLORENCE, Ala. A former Florence businessman convicted of possessing and sharing child pornography could spend the rest of his natural life in prison. and provides practical tips for navigating such legal issues should you Just moments before Judge Graves handed down the sentence Wesson addressed the courtroom. LAUDERDALE COUNTY, Ala. (WAFF) - One Lauderdale County man will spend the rest of his life in jail. [59] Given this precedent, it seems appropriate for the Fifth Circuit to revisit its approach. 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. .widget-row.value-only.white { We interviewed our tech expert, Jaime Vazquez, to learn more about accessible smart home devices. And why is it on my car? color: white; Florence, Alabama 35631 To serve on this court, a judge must be: if(document.getElementsByClassName("reference").length==0) if(document.getElementById('Footnotes')!==null) document.getElementById('Footnotes').parentNode.style.display = 'none'; .courts-container { background-color:#fcfcfc; width:100%; border:1px solid black;padding:5px;text-align:center;clear:both; } .infobox { In 1991, Governor Ray Mabus appointed Graves as a Hinds County circuit court judge. 2. That a facially broader state law is overbroad was never in question. spousal support/alimony and [42] The appellant, Juan Castillo-Rivera, was born in Mexico and came to the United States shortly after his birth. 8 U.S.C. Florence Municipal Judge Ben Graves Announces Candidacy for Circuit Judge 2019). 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). [7] He also earned a Master of Public Administration degree from the Maxwell School of Citizenship and Public Affairs at Syracuse University in 1981. 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? Copy and past this code into your website. A primary election took place on March 1, 2016, with a primary runoff on April 12, 2016. Lauderdale County - Eleventh Circuit Court of Alabama Save my name, email, and website in this browser for the next time I comment. If you are searching for compassionate and personal legal representation [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]. 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. should I need her services again. }. Overbroad or Overboard? Reconsidering the Fifth Circuit's - LSU publications board, or the student body. .widget-row.value-only { [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. Born May 1, 1780, in Culpepper County, Virginia, he died July 19, 1852, and is buried in Louisville, Kentucky. background-color: #003388; .courts-header { font-size:150%;background-color:#334aab;color:white;} 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. Florence, Alabama 35631-1059, PO Box 1710 (256) 760-5757 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. FLORENCE When Ben Graves was appointed the Florence municipal judge in January 2013, . [17] Descamps v. United States, 133 S. Ct. 2276, 2281 (2018). [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. 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. University of Alabama adds Autherine Lucy's name to Graves Hall float: right; [5][6] Graves then attended Millsaps College and graduated in 1975 with a Bachelor of Arts degree in Sociology. at 825 (Stevens, J., concurring in part and dissenting in part). Sustainability Initiative: Florence Forward, Florence - A Platinum Valley Sustainable Community, Florence Police Pursuit - Viewed Through Helmet Cam. 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). Box 124 (256) 760-5750 [45] This last arrest led to an illegal reentry charge and enhanced sentence. "Working with both Sabrina and Demetria was great! Judge T. Henley Graves announced his retirement this past February, but he isn't quite ready to leave the bench. [18] See generally Taylor, 110 S. Ct. 2143. [11] Alexis, 960 F.3d at 734 (Graves, J., concurring). Share this page on your favorite Social network. Are you struggling to make 35652, 5700 County Road 16 (256) 760-5750 [46] Castillo-Rivera argued that the enhanced sentence did not apply to him because the Texas definition of aggravated felony was overbroad. Gilbert P. Self - Ballotpedia 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. 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. 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. .widget-row.Independent, .widget-row.Nonpartisan, .widget-row.Constitution { we strive to provide our clients with the personal service they deserve. Mark McDaniel, one of White's Huntsville-based defense attorneys, has said that his client will plead not guilty. Our clients are our firm's number one priority, and we do everything 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. in our power to ensure that our clients' legal issues are resolved [55] Id. You pretty much calling Dr LaGanke incompetent and me a liar stating i could go back to work! font-weight: bold; Ben Graves and his wife Mindy Goodwin Graves, are both Florence natives, and have three children - Charlie, Ann Hensley, and Jane Ellis. All rights reserved. The Florence Municipal Court Magistrates can be reached at (256) 760-6625. Pasadena Divorce Attorney | The Graves Law Firm to struggle with your family law matter alone. (citing Vetcher v. Barr, 953 F.3d 361, 367 (5th Cir. font-weight: bold; The law prohibits the Circuit Clerk from giving legal advice. background-color: grey; Trowbridges Florence Alabama is located at 316 N Court St. } 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. You know we have always heard our entire lives that Karma comes back around in one way or another! 110 West College St. Florence, AL 35630 (256) 760-6300 Search site: SEARCH. } This material may not be published, broadcast, rewritten, or redistributed. 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! 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. Monthly payments and certain citations may also be paid by going to. [1], Ben Graves defeated William Smith in the Alabama 11th Circuit Court Republican primary for Place 1. [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. One victim spoke out about how she tried to commit suicide more than once because of his actions. 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. - Pasadena & Beverly Hills Family Law Attorney, We provide monthly billing statements with specific details of the work [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. margin-top: 1px; Select this result to view Odell Graves's phone number, address, and more.

float:right; This judge is outside of that coverage scope and does not receive scheduled updates. 100% remote. 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. 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! Florence, AL 35630 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. 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]. Pete Wesson's family sat in shock as. .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 PO Box 776                       (256) 760-5728 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. Jan 20, 2023; 0; Florence Camerata to begin rehearsals. .infobox p { You know we have always heard our entire lives that Karma comes back around in one way or another! Ben Graves - Ballotpedia Graves will run as a Republican against incumbent Democrat Billy Jackson. at 822. Honorable Carole C. Medley, District Judge. [5] Where a match is found, certain federal law consequences are triggered, including immigration consequences. Box 794                       (256) 760-5785 	background-color: #f9d334; City of Florence Alabama Jan 2013 - Present 10 years 1 month. 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. FLORENCE, Ala. - A former Florence businessman convicted of possessing and sharing child pornography could spend the rest of his natural life in prison. Lauderdale County District Attorney Chris Connelly asked Judge Benjamin Graves. Lauderdale  Children's Policy Councils of Alabama Home width: 250px; font-size: .9em; Florence Gazette 1827-1894 Newspapers.com. 	you will receive the legal support and representation you deserve. [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]. Practices Family, Criminal defense, Education. 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. 	display: inline-block; James Grimes | Disability Judges [42] United States v. Castillo-Rivera, 853 F.3d 218 (5th Cir. 	text-align: center; [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. 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. Castillo-Rivera. [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. Here is a complete directory of nearly all professional Judges in Florence, AL. 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. Notably, Justice Stevens concurred with the majority in part but dissented specifically to Part III-A, which articulates the realistic probability test. Walter Veith. 200 South Court Street Florence, AL 35630 (256) 760-5815 Welcome to Florence, Alabama [7] He is a practicing Seventh-day Adventist. Honorable William Powell, Circuit Judge. 	font-weight: bold; Lauderdale County - Eleventh Circuit Court of Alabama 	display: inline-block; Each } [3], Only voters residing in a particular circuit may vote for the circuit judge of that region.[3]. .widget-value { Graves said Casey White will go to the Alabama Department of. 2020). Judge T. Henley Graves next to a painting of the Sussex County Courthouse that hangs in his office. 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. 	background-color: green; 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! Casey White: Recaptured fugitive tranferred to Alabama prison  - MSN [43] In 2013, he pled guilty to a third felony under Texas law and was deported under federal immigration law. } Top 3 Results for Odell Graves. 			 experience the same legal challenges in your own life. 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! 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. 

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