width: 43%; background-color: red; 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. 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. 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[44] He then reentered the United States unlawfully and was arrested again in Texas in 2014. He was also ordered to serve 10-years in prison on the charge of disseminating child pornography. 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; } Judge Benjamin Graves sentenced Fuentes to 121 years in prison. [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. Payments are accepted in our office between the hours of 8:00 am and 4:00 pm. Juan Fuentes was convicted on multiple counts of production and possession of child pornography, sexual abuse and rape. .top_disclaimer { The Trustoria Service Professional Directory helps you find the best Lawyer for your latest project. Box 124 (256) 760-5750 This is southern living at its best. background-color: #f9f9f9; Number One Priority. [45] This last arrest led to an illegal reentry charge and enhanced sentence. Alabama Court of Criminal Appeals 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. [58] Alexis, 960 F.3d at 732 (Graves, J., concurring). If you are searching for compassionate and personal legal representation FLORENCE, Ala. A former Florence businessman convicted of possessing and sharing child pornography could spend the rest of his natural life in prison. Honorable Benjamin Graves, Circuit Judge Lauderdale County Courthouse, 200 South Court Street, Suite 317 Florence, Alabama 35030 (256) 760-5825 benjamin.graves@alacourt.gov . Judge T. Henley Graves next to a painting of the Sussex County Courthouse that hangs in his office. to struggle with your family law matter alone. [51] The Castillo-Rivera court went on to hold that the petitioner must also show that Texas courts have actually applied [Texas law] in this way.[52] With this statement, the Fifth Circuit appears to have interpreted Duenas-Alvarez to impose a new requirement that Castillo-Rivera satisfy the realistic probability test even though he already established that the state statute was not a categorical match with federal, generic law. Graves stated he could show leniency, but he wouldnt give Wesson any grace on his conviction. Out of those 264 dispostions, 45 were dismissed, 138 were approved and 81 were denied. It was a very emotional day as victims sat across from Fuentes, face to face, waiting for his sentencing. 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,.

} 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. Top 3 Results for Odell Graves. .widget-key { [11] Obama renominated Graves in January 2011, and the Senate confirmed him on February 14, 2011, making him the third African-American judge on the Fifth Circuit, after Carl E. Stewart of Louisiana and Joseph W. week join Attorney, Demetria L. Graves, a respected Certified Family Law 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! 100% remote. Alabama Probate Courts, Courts in Alabama Alabama judicial elections Judicial selection in Alabama. For the 2017 *fiscal year, Judge James Grimes has disposed 264 cases at the Office of Disability Adjudication and Review (ODAR) in FLORENCE, ALABAMA. 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 We are responsible for providing the residents of Florence with Electricity, Gas & Water. background-color: grey; [3], Only voters residing in a particular circuit may vote for the circuit judge of that region.[3]. The Graves Law Firm if you are facing a family law issue. 1227(a)(2)(B)(i). On the 55-counts of possessing child pornography, Wesson has been sentenced to serve four years on each charge. [1] Alexis v. Barr, 960 F.3d 722 (5th Cir. July 17, 2018. } 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! FLORENCE - Florence Municipal Judge Ben Graves has announced his candidacy for Circuit Judge as a Republican against the incumbent Democrat, Billy Jackson. [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. handle every aspect of you case, and you will never be passed off to another Facebook gives people the power to share and makes the world more open and connected. Florence, AL, USA 35631, 603 County Road 414 (256) 760-5750 Florence, AL 35630 Jan 19, 2023; 0; Submit Your News . [13] See generally Amit Jain & Philip Dane Warren, An Ode to the Categorical Approach, 67 UCLA L. Rev. All rights reserved. [19] Descamps, 133 S. Ct. at 2283 (citing Taylor, 110 S. Ct. at 2159). If you are interested in going to Driving School you MUST appear in court on your court date. at 822. If you need legal assistance, you should see an attorney. you will receive the legal support and representation you deserve. The Circuit Court is a state trial court that hears both civil and criminal cases. The Republican primary election will be held March 1, 2016. of California, Demetria was included in the list of California's Super Lawyers. "Working with both Sabrina and Demetria was great! } 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. Florence, Alabama 35631 PO Box 776 (256) 760-5728 Florence, Alabama 35631. : Medical Billing Expert Testimony and the Inability to Affect Damage Awards, Looking Forward After Kennedy v. Bremerton School District, Cooking Caremark? Any statements and opinions included in these pages are not those of Louisiana State University, [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. 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. [60] Id. That is how Castillo-Rivera has been applied in subsequent Fifth Circuit cases, including Alexis. 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. Florence, AL 35630 (256) 760-5820. 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. Graves was appointed to the Mississippi Supreme Court by Governor Ronnie Musgrove in 2001[3] and later won election to the Court in 2004. 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! drama, tune in! [12] Denial of Petition for Writ of Certiorari, No. 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). .widget-row.value-only.black { the LSU Law Center, or the LSU Board of Supervisors. width: 250px; Benjamin Graves Municipal Judge. 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). .courts-header { font-size:150%;background-color:#334aab;color:white;} "Dr. Autherine Lucy Foster is a continuing testament to . margin: auto; Florence Municipal Court is connected to the Lauderdale County Detention Center. 2016) (rejecting the governments argument that the petitioner had to meet the realistic probability test where the statute on its face was overbroad). They have three sons.[4][6]. The Trustoria Service Professional Directory helps you find the best Lawyer for your latest project. at 733 (Graves, J., concurring). FLORENCE When Ben Graves was appointed the Florence municipal judge in January 2013, .

float:right; [11] Alexis petitioned the Supreme Court for certiorari, but the Court denied his request on November 16, 2020. Owner, PIOT TV, LLC and Broadcast Media Specialist. } .widget-row.value-only.white { PO Box 1059 . Graves was later re-elected without opposition in 1994 and 1998. 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. Named for Alabama's first United State Supreme Court Justice, John McKinley made his first home in Florence, Alabama from 1821-1842. [16], In determining whether federal immigration consequences flow from a conviction under state law, courts will compare the elements of the statute forming the basis of the defendants conviction with the elements of the generic crimei.e. [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.  35630, P.O. 	bankruptcy and divorce. The chief judge of a circuit court is selected by peer vote and serves a three-year term. Wesson will be transported to the Alabama Department of Corrections in the coming days. 						 and Woman of the Year from Women in Business, Top-Rated & Highly Successful Your email address will not be published.  Waterloo, AL. 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. [43] In 2013, he pled guilty to a third felony under Texas law and was deported under federal immigration law. 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. Castillo-Rivera. Unlike other firms, we do not pass . 2019). Alpha Sigma Lambda; Alpha Chi.  Contact Benjamin R. Graves in Florence, AL for specific legal needs on legaldirectories.com Find a Lawyer By Location . You do not have Starting or doing business with the City of Florence has never been easier. Managing Partner at Bond, Botes, Sykstus, Tanner & Ezzell, P.C. Judge T. Henley Graves announced his retirement this past February, but he isn't quite ready to leave the bench. Ben Graves and his wife Mindy Goodwin Graves, are both Florence natives, and have three children - Charlie, Ann Hensley, and Jane Ellis. 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. 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! 	color: white; 200 South Court Street Florence, AL 35630 (256) 760-5815 Mark McDaniel, one of White's Huntsville-based defense attorneys, has said that his client will plead not guilty. [56] Williams v. Barr, 960 F.3d 68, 78 (2d Cir. Be sure to check other states near Florence, AL to get the records of more professionals. 	font-weight: bold; The information below for Judge James Grimes was last updated on 12/01/2022.  Apply today! [8] Id. 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.  [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. 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. 23 results found [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]. You'll be able to receive all of the City of Florence service information you need to expand or start a business, plus more. Box 1327, Florence, Alabama 35630.  			To Clients, Client Satisfaction Is Our We are here and ready to talk or interact with you when you need us. Find reviews, educational history and legal experience.  Please look at the time stamp on the story to see when it was last updated.  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. They deal with civil claims of $3,000 or more, as well as most felony crimes. } Qualifications .clearfix { [3] He then worked in the private practice of law for three years, before returning to public service work. 	color: black; 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! [7] Texas law includes position isomers in its definition of cocaine, but federal law does not: The parties do not dispute that Texass definition of cocaine is facially broader than the federal definition of cocaine. Alexis, 960 F.3d at 726. 2021 Disability Judges  All Rights Reserved. Gilbert P. Self is the Republican Place 3 judge on the 11 Circuit in Alabama.He was initially appointed to the court by Gov. Ron Sykstus is the managing partner of Bond, Botes, Sykstus, Tanner  Ezzell, P.C. We will respond as soon as possible. [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. Judge Chris Smith, and the Florence Municipal Prosecutor, Heath Trousdale, work part-time and are only available on court days. 	font-size: 1.2em; [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. 200 S Court St Rm 317 Florence, AL 35630-5657 Pete Wessons family sat in shock as Judge Ben Graves handed down the sentence. 			 attorney from The Graves Law Firm as soon as possible. .widget-row.Democratic {  FLORENCE, AL (WAFF) - Florence Municipal Judge Ben Graves announced his candidacy for Circuit Judge this week. . 	width: 57%;  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. [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. Newcomers/Visitors; Arts & Attractions . Band of Choctaw Indians", "Inclusive Communities Project v. Texas Dep't of Housing and Community Affairs", "Roy Harness; Kamal Karriem, vs. Michael Watson, Secretary of State of Mississippi", "Justice Graves honored for advancing public understanding of the law - State of Mississippi Judiciary News", "FBI's Jackson Field Office Announces 2011 Recipient of the FBI Director's Community Leadership Award", James Graves:Dialogue with a Supreme Court judge in Mississippi, https://en.wikipedia.org/w/index.php?title=James_E._Graves_Jr.&oldid=1117878094, Judges of the United States Court of Appeals for the Fifth Circuit, Maxwell School of Citizenship and Public Affairs alumni, Justices of the Mississippi Supreme Court, Syracuse University College of Law alumni, United States court of appeals judges appointed by Barack Obama, Articles with dead external links from October 2010, Articles needing cleanup from September 2022, Articles with bare URLs for citations from September 2022, All articles with bare URLs for citations, Articles covered by WikiProject Wikify from September 2022, All articles covered by WikiProject Wikify, Wikipedia articles incorporating text from the Biographical Directory of Federal Judges, Creative Commons Attribution-ShareAlike License 3.0, Hinds County Bar Association Innovation Award - 2000, State of Mississippi Parent of the Year Award, First Alternate - 2001, Mississippi Association of Educators Humanized Education Award - 2002, Mississippi Bar Foundation, Law-Related Public Education Award - 2002, For excellence in enhancing the public's understanding of the law and the legal system, FBI Director's Community Leadership Award - 2011, In recognition of outstanding contributions to our nation's communities through unselfish dedication and leadership, Member of the American Law Institute - 2015, This page was last edited on 24 October 2022, at 01:26. Their mother said that Fuentes has ruined their entire lives. [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]. 				publications board, or the student body. [7] He also earned a Master of Public Administration degree from the Maxwell School of Citizenship and Public Affairs at Syracuse University in 1981. L. Rev. Your email address will not be published. background-color: white; [59] Id. . The restaurant is open Monday through Saturday. I accept responsibility for my actions.. The mailing address is P.O. Circuit Judges serve for terms of 6 years. } [53] However, that interpretation is inconsistent with the actual articulation of the test in Duenas-Alvarez. County Courthouse, Suite 503 200 South Court Street Florence, AL 35630 (256) 760-5831. You pretty much calling Dr LaGanke incompetent and me a liar stating i could go back to work! Interestingly, Duenas-Alvarez chose not to defend the Ninth Circuits position, but rather posed a novel argument that focused on the element of intent. Judge Chris Smith, and the Florence Municipal Prosecutor, Heath Trousdale, work part-time and are only available on court days. [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]. - Pasadena & Beverly Hills Family Law Attorney, We provide monthly billing statements with specific details of the work [5] See Taylor v. United States, 110 S. Ct. 2143 (1990). 	display: inline-block; Ballotpedia features 395,577 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. 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. Id. 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]. 	margin-bottom: 1px; Elections 2016 See also: Alabama local trial court judicial elections, 2016 Alabama held general elections for local judicial offices in 2016. [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. About Lauderdale County; Employee Resources; Frequently Asked Questions; Job Openings; Lauderdale County Elected Officials; . } I.  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? [5][6] Graves then attended Millsaps College and graduated in 1975 with a Bachelor of Arts degree in Sociology. A primary election took place on March 1, 2016, with a primary runoff on April 12, 2016. Navigating any legal problem is challenging especially any legal problem What is mud rain? [9] Id. [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. [6], Graves began his legal career as a staff attorney at Central Mississippi Legal Services in 1980. 	background-color: grey; .widget-row.Libertarian { Courthouse 14735 Main Street Upper Marlboro, MD 20772 Phone: 301-952-3655 Prince George's County Portal Honorable William Powell, Circuit Judge. Copy and past this code into your website. .infobox { "White won't be held another hour at the Lauderdale County Detention Facility," Judge Ben Graves said during the hearing. [27] On January 23, 2018, the Department of Homeland Security initiated removal proceedings against Alexis, under 8 U.S.C. Only the Judge can grant you permission to attend the driving school program. What Biden might try next if his student loan forgiveness, Do Not Sell or Share My Personal Information. 35677. 	vertical-align: top;  City of Florence Alabama Jan 2013 - Present 10 years 1 month. [25] Alexis v. Barr, 960 F.3d 722, 724 (5th Cir. Client Satisfaction Is OurNumber One Priority. Benjamin R. Graves is a lawyer in Florence, Alabama focusing on various areas of law. Required fields are marked *. [18] See generally Taylor, 110 S. Ct. 2143.  [14] See generally Taylor v. United States, 110 S. Ct. 2143 (1990). Bond, Botes, Sykstus, Tanner & Ezzell, P.C. [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. 

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