In this post, we discuss a recent court decision regarding appeal deadlines in federal court that may present a potential trap for the unwary. The usual situation. Most final judgments of a federal district court can be appealed to the federal circuit court that embraces that particular district court. For example, the United States Court [..]
Need an expungement? Filing an expungement in Mississippi… The Mississippi Legislature controls what may be expunged. Sometimes, the discretion is left to the controlling jurisdiction (i.e., the judge or court that sentenced you). There are several crimes listed that are not currently eligible for an expungement. For example, a DUI is considered a traffic offense. [..]
We previously wrote here about the ability of a winning party to also recover its attorney’s fees. This post addresses the common core doctrine and its effect on such a recovery. Why is the common core doctrine important? In a lawsuit, a plaintiff will often have asserted multiple claims or sued multiple defendants. Sometimes, a [..]
We previously wrote here about the law regarding the failure of a prison to protect an inmate from suicide. Today, we look at a case regarding the failure to protect an inmate from an attack by another inmate. Torres v. Livingston On August 24, 2020, the United States Court of Appeals for the Fifth Circuit [..]
Raided by ICE? Immigration and Customs Enforcement The United States Immigration and Customs Enforcement is the branch of the government that has authority across all the States to enforce the deportation of people who are not citizens, or do not have any license to be in the United States (known commonly as “work visa” or [..]
Effective July 1, 2020, Mississippi adopted the Uniform Partition of Heir Property Act (the “Act”). The effect of the Act is to give a court (and parties appearing before the court) very specific guidelines for having property partitioned. There are two types of partition – – by sale and in kind. Partition by sale means [..]
The right to counsel and a speedy trial during COVID-19; have they been locked up too long? Life during quarantine… Covid-19 has changed everything. But… The Sixth Amendment to the United States Constitution STILL grants a right to a speedy trial. The United States Supreme Court has interpreted the application of this law since its [..]
We previously wrote here about Title VII retaliation claims. Today we look at the specific concept of temporal proximity in retaliation claims. Scope of Title VII Title VII is a federal law that prohibits various forms of discrimination in the work place. In addition, Title VII prohibits retaliation against an employee who: opposed any practice [..]
COVID 19 and Criminal Justice How does Covid 19 (Corona virus) effect my criminal case? Once Coronavirus hit, many were concerned about the effect it had on all institutions. Family, church, jobs and employment. Also, what becomes of the incarcerated? In my personal experience, it has become hard for me to make an appointment at [..]
The narrow focus of this post is on the ability to have the court take judicial notice of Google Maps and similar information from the internet. The law on judicial notice Rule 201(b) of the Mississippi Rules of Evidence allows a court to judicially notice a fact that is not subject to reasonable dispute because [..]
Madison County Bar Association
