All posts by BowTieLawyer

Matthew operates the Thompson Law Firm, pllc, a Mississippi based Family Law firm emphasizing; Divorce, Child Custody, Child Support, Modification, Contempt and Appeals, handling family law cases throughout Mississippi. (601) 850-8000 Matthew@bowtielawyer.ms www.BowTieLawyer.ms

Testimony in Court; Answering Yes or No.

Testimony is nerve-wracking, but it doesn’t have to be that hard.

Courtroom sketch: Wired.com / Norman Quebedeau

A witness’s job is to tell the truth and answer the question asked.  It is not to guess, to anticipate, to make-up, or change the story.

Judges routinely get irritated with a witness when asked a “Yes or No” question , but the answer begins with, “You see, what had happened was…”

There are 2 different sets of Rules when testifying.

1) You are called by your attorney or are a “friendly” witness. Under these circumstances you may not be asked yes or no questions of material importance. If you are, the other side may object due to “leading.”  That is asking a question which suggest the answer.

Lawyer 1: You witnessed Jimmy kissing Jane, didn’t you?

Lawyer 2: Objection. Leading.

Judge: Sustained. Don’t lead your witness.

Lawyer 1: (asked one at a time)How do you know Jimmy? How do you know Jane? On what occasions, if any, have you seen them together?

2) When you are called by the adverse lawyer or are deemed a “hostile witness” then the questioning attorney may use leading questions.

Lawyer 2: You witnessed Jimmy kissing Jane, didn’t you?

Lawyer 1: Objection. Leading.

Judge: He’s on Cross Examination. The witness may answer.

Witness: Yes. (explain if allowed)

If the question can be answered with a Yes or a No, then you as a witness need to answer Yes or No. The Court will allow you to explain your answer, if necessary.

Matthew Thompson is a family law attorney in Mississippi and can handle the truth.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms.

black bow

 

Purse Packin’, Mississippi’s Evolving Law on Carrying a Firearm

Mississippi Law requires a license to carry a concealed weapon under most circumstances. However, a proposed change in the law will allow for carrying a pistol or revolver in your handbag. No license needed.

SENATE BILL NO. 2394 holds, in part

“No license shall be required under this section for a loaded or unloaded pistol or revolver carried in a purse, handbag,  satchel, other similar bag or briefcase or fully enclosed case.”

The proposed legislation also decreases the fee for a concealed carry license from $100 to $80.

This change in the law  is consistent with Mississippi’s prior gun law legislation.  Many anti-gun voices predicted Mississippi going the way of the “Wild West” when “Open Carry” was defined in the law. These fears were unfounded.  This change, too, will not lead to shoot outs at the OK Corral, but rather serve to allow persons to protect themselves easier and, perhaps, cause a criminal to reconsider their target…

Mississippians, as a whole, believe in responsible gun ownership and the law (MS Gun Law Q/A)  & (101) is just now catching up with those beliefs.

Matthew Thompson is a family law attorney and supports responsible gun ownership.

Follow the blog: BowTieLawyer 

img_6390

FaceBook, At Your Service; How You May be Able to use FB to Serve Your Spouse

FaceBook is not just for stalking your ex anymore…

TechnoGuido

A New York Court has authorized a Divorce litigant to attempt service on her hopefully, soon-to-be-ex via FaceBook.

This is unusual because under normal circumstances “personal service of process” is required.  That is, the filed divorce papers are required to be handed to your spouse by a non-party, non-attorney for the parties. The rules do provide for service by publication when you do not know where the other party is, but you have to attest to having made a diligent search and inquiry into their whereabouts.

This case is unique in that the Wife does not know where the Husband is, but knows that he is an active user of FaceBook. The Court has determined that service through FaceBook may be proper.

This does not mean that sending your ex a FB message is valid service, however.  Please consult your experienced family law attorney for rules on service and any additional questions.

Matthew Thompson is a  Family Law Attorney and read here for what NOT to do on FaceBook.

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

 

Prayers and Condolences

The Mississippi legal community is in shock.

 

A well-respected Judge has passed recently, abruptly and prematurely.

Judge Dan Fairly was a Judge that tried to live up to his name. He tried to be a “fair” Judge.  Many loved and admired him. Some on the opposite end of his rulings did not.

Regardless of your personal feelings it is a tragedy. He will be missed.

Thoughts and prayers for Judge Fairly, his family and those whose life was impacted by him.

Matthew Thompson

Family Law and Common Sense Tip of the Day: Don’t Do on Video That Which You do NOT Want to See Again in Court.

One way to ensure that a video of you does NOT go viral is to NOT do things that are being recorded on video.

Whether you’re dealing with a Family Law matter or just  hanging out with your friends, don’t do things  that you do not want to see again.

A recent video has gone viral of a UM college student being disgusting at Spring Break. It hearkens back to an Ozzie Osbourne stunt except this time it involved a hamster.

Sometimes we get caught up in the excitement of a new relationship or being around friends and do things we regret. Sometimes mind-altering substances loosen inhibitions. With a video camera being on nearly every cell phone, these days you cannot afford to lose your inhibitions and act foolish.

Matthew Thompson is a  Family Law Attorney and advises potential clients that if your Mother or a Judge would be ashamed of what you are doing, do something else, and for the love of Pete don’t video it!

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

New Judges are Coming!

New State Judicial Districting will result in more Judges.

Divorce Courts will have new  chancery judges be added in the 11th Chancery District composed of Holmes, Leake, Madison and Yazoo counties;  the 20th Chancery District composed of Rankin County, and in the 4th Chancery District composed of Amite, Franklin, Pike and Walthall counties.

This will be a much welcomed relief for Madison and Rankin Counties.  A new Circuit Court Judge positions has also been provided for Madison and Rankin.

Over $900,000 in the State budget for 2016 salary and benefits of the new judges and staff was included. The new judges only will run this year in the November general election. June 1 will be the qualifying deadline for the new judges. Judges run in nonpartisan elections. The new judges will take office in January.

Matthew Thompson is a  Family Law Attorney and represents clients in Chancery Courts throughout Mississippi and believes these new Judges will help to ease the crowded dockets in these counties.

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

 

Cutting You with a Gamma Knife; Dan Jones, Ole Miss, IHL and why you should care.

You would have had to have been under a rock, or just busy trying to work and make a living to have missed the news that has sent tremors through Oxford and the School up North.

http://bme240.eng.uci.edu/students/07s/sosechinskiy/GammaKnife.html

The Mississippi college board, known as the Mississippi Institutions for Higher Learning (IHL) has erupted in psuedo-scandal when the decision was made to not renew Dan Jones’ contract to be the continuing Chancellor of Ole Miss, and thereby overseer of the Medical School.

The brouhaha centers around his management of contracts that relate to UMMC and his lack of getting IHL approval of certain contracts.  It seems that personality conflicts have as much to do with the issues as it relates to “sloppy” contract oversight.

What seems undisputed is that no tax payer dollars were misappropriated and there was no self or backdoor dealings .

Conspiracy theories abound as to “Why?” Do Hank Bounds and Dan Jones hate each other?  Did Governor Phil Bryant want him out? Is Haley Barbour behind the scenes pulling strings?  The so-far-unanswered question is what is the real story.  Contract issues? Political favors? Or, is it the Gamma Knife?

The Gamma Knife is a $5 Million Dollar, stereotactic radiosurgical instrument that shoots 192 beams of cobalt-60 radiation, with pinpoint precision at brain tumors.  The med school bought one a few years back.  It turns out the space allotted for the Gamma Knife is not appropriate.  Essentially it will not fit through the door and the floor is not strong enough to support its weight.  So the Gamma Knife has been in the broom closet for 2 years. But, that’s not the whole story.  The Gamma Knife has also been the subject of litigation.  Another competitor with a Gamma Knife said that UMMC needed a Certificate of Need to get one and so they should be prohibited from using it.  This resulted in litigation which led to the Gamma Knife being sheathed, pending the litigation.  Ultimately, UMMC prevailed.

So what is the solution?  Regardless of the motives, the IHL’s own admission is that Dan Jones did not misappropriate any monies.  The mistakes were due to the mountains of contracts and the inefficiency of the school’s systems and procedures to manage those contracts at the time. All of which are fixed.  The Solution is for the IHL board to say it acted in haste, acting upon the best information available at the time and that upon further investigation that Mississippi is best served by Dan Jones carrying on. Dan Jones needs to take some heat for past inefficient handling of contracts and a promise to do right in the future.

Can this be done? Who knows? Are politics at play or is this really about contracts and following the rules? Why do you care? We care because “Did MS oust a good leader over politics?” Or is the IHL being the “watchdog” they portend to be?

Matthew Thompson is a Divorce Attorney and usually sticks to article about Family Law, but when given the opportunity to write about Gamma Knives, always takes a cut at it.  Watch Out! Or, Dan Jones might cut you with his Gamma Knife. 

Follow the blog: BowTieLawyer    Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@BowTieLawyer.MS

All the Way to the Supreme Court…

I hear this a lot. “I’ll take this all the way to the Supreme Court!

IMG_5968
Spring Break 2015, Louisiana Supreme Court

There are a number of potential stops throughout the appeal process (read more about appeals here) before your case will get to the Supreme Court and there are multiple Supreme Courts.

It’s not too uncommon for your family law case to make it to the Mississippi Supreme Court. All appeals from Chancery Court are filed with the MS. S. Ct., though most are assigned to the Mississippi Court of Appeals.

Should you appeal from the C.O.A. (or, if the MS S. Ct. keeps your case) then the MS S. Ct. will hear your case.

For your Family Law case to go further, it would have to include a Constitutional Issue or a Federal Question.  Within Family Law there is an exception to Federal Courts having Jurisdiction, so most likely your Family Law case will not be in Federal Court.

Confusing? Sure, but just know this, your Family Law case is important, though it may not make it to the U.S. Supreme Court.

Matthew Thompson is a Family Law Attorney and has been involved in over 40 appeals.  

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@BowTieLawyer.MS