Category Archives: Appeal

Appeal, General Legal, Opinion

Elect David McCarty- Court of Appeals Judge

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David McCarty is running for Court of Appeals Judge in Mississippi. Citizens of this state would be well-served by electing him to this position.

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David McCarty

“I have devoted my legal career to the unique practice of appeals, beginning as a law clerk at the Mississippi Supreme Court. In the past thirteen years, I have represented dozens of clients in federal and state appeals—from small businesses to parents who were fighting for the best for their children. In over 30 oral arguments, I traveled before our Supreme Court, Court of Appeals, and the Fifth Circuit to advocate for my clients.“

Why should you care? The Mississippi Court of Appeals considers the vast majority of Family Law Appeals, along with criminal law, business law and other disputes assigned to the Court by the Mississippi Supreme Court. David is the most experienced candidate. David’s campaign emphasized experience, integrity and fairness, David has pledged to treat all persons and cases appearing before his Court with dignity and respect. This is a promise you can count on.

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  • Over 70 cases ruled on by the Mississippi Supreme Court and Court of Appeals — more than three times the experience of all other candidates combined

    • Over 30 oral arguments before the Mississippi Supreme Court, Court of Appeals, Fifth Circuit Court of Appeals, and Eighth Circuit

  • Adjunct professor since 2005 at Mississippi College School of Law for classes in Evidence, Trial Practice, Appellate Advocacy, and Pretrial Practice

    •  Law Review, Articles Editor 

    • Moot Court, Competition Chair

    • JD, Mississippi College School of Law, cum laude

  • Author of multiple scholarly works, including a treatise on evidence as well as a study of judicial speech laws

  • Co-founder, Appellate Practice Section of the Mississippi Bar

Who can vote for David? Court of Appeals District 4 The district is a portion of Hinds County, south, a little east and then west. The largest populated areas are the portion of Hinds County, McComb area and Natchez area. It’s a big district that includes the following Counties; Adams, Amite, Copiah, Covington, Franklin, Jefferson Davis, Lawrence, Lincoln, Marion, Pike, Simpson, Walthall and Wilkinson; that portion of Hinds County not included in the Second Court of Appeals District; and that portion of Jones County not included in the Third Court of Appeals District.

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So is this a paid ad for David? No. I am posting this because I believe in David McCarty. I have committed my professional existence to practicing in front of fair, impartial, honest Judges in Mississippi, who treat others with dignity and respect. I am convinced that he is exactly what Mississippi needs and exactly what Mississippi will get with the election of David McCarty.

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Appeal, Crime, Divorce, General Legal, Opinion

How to Pick a Candidate…

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It’s election season. Candidates are coming out of the woodwork for senate, congress, and judicial seats. Here’s a primer on picking a candidate.

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  • Do they have Experience?
    • This does not mean that they must have served in the position being sought, but does their work experience, life experience, education and training lend itself to the seat?
  • Are they Competent?
    • Experience is good, but it needs to be good experience. We all know that person that received opportunities because of connections, or who their uncle knew. Merely having experience may not be enough if you are merely a figurehead or placeholder.
    • The candidate should know what the position requires and should possess the needed traits to fill the spot.
  • Do they meet the Requirements?
    • For may positions there is age, residency and education requirements. It is fair to inquire if the bare minimums are met.
  • Why are they Running?
    • Is it for prestige or ego? Is it because they can make a difference.
    • Ask the candidate, ” Why are you Running?”
  • Are they a Good Person?
    • You can have plenty of experience, meet the requirements, be competent and still not be the best candidate. There is an intangible, hard to measure judgment of candidates. This is about their honesty, integrity and is the person they portray really the person that they are?

These are just some of the criteria that should be considered when choosing a candidate. We all have an obligation to meet the candidates, engage the process, ask questions and care. These elections impact our lives whether we realize it or not.

Matthew Thompson is a family law attorney and is excited about the campaign season and if all else fails you can still “eeny, meeny, miney, moe” to pick your slate.

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Appeal, Child Custody, Child Support, Divorce, General Legal, Modifications, Visitation

When Court Doesn’t Go your Way…

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Sometimes Court doesn’t go your way.

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Judges make mistakes, witnesses remember it wrong and you may ask for improper relief. But, all is not lost. You have options.

Motion for New Trial. This motion, sometimes referred to as a motion for reconsideration, can provide an avenue for the Judge to correct the mistake. They must be filed within 10 days of the Final Judgment and they are not for a do-over, but to correct a clear error of law or fact.

Appeal. You may appeal any Final Judgment. You have 30 days to do so from the final ruling and if you do a timely Motion for New Trial it resets the appeal clock. Appeals can be cumbersome and daunting. These are to the appellate court, not the Court that decided your case. However, an appeal is based on what happened below, the trial record. It’s not for new happenings.

Modification. Even though your judgment may be final, certain aspects are always modifiable. Custody, support, visitation and certain other payments may be changed by the Court if circumstances warrant it.

Matthew Thompson is a Divorce and Appeals lawyer in Mississippi.

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