Category Archives: General Legal

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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Divorce, General Legal

The Rain is Coming…Go VOTE

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We’re about to get drenched. No, not for Halloween trick-or-treating, as the weather predictors have moved the rain coming in to late this evening and tomorrow. But, with an election on Tuesday, Nov. 6, the onslaught of adds, information, misinformation, and rhetoric.

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There are numerous interesting campaigns throughout the state.

Hinds County Chancery Court (aka Family Court) has 2 contested elections.

Chancery Court Judge Sub 5-2

Patricia Wise – Current Chancellor – is retiring.

The candidates are;

Reginald Harrion 

Born in Jackson, Mississippi, at the former Hinds General Hospital, Reginald Harrion is an attorney proudly residing in Jackson, Mississippi.  He has active licenses to practice law in Arizona, Georgia, and Mississippi, as well as multiple federal district and bankruptcy courts.  He is presently employed as the “Chancery Attorney” at Richard Schwartz & Associates, P.A., and is charged with handling minors’ settlements, estates, conservatorships, and guardianships.  His work has afforded him the benefit of entering appearances in all 20 Chancery Court districts in the State of Mississippi.

Reginald is a former Specially Appointed Judge for the Hinds County Chancery Court.  He served as a Special Master to hear civil commitment cases and recommend courses of action and services for persons needing inpatient and outpatient mental treatment.  He also served as a Family Master to hear cases and recommended judgments establishing, modifying, and enforcing paternity and child support actions filed by the Mississippi Department of Human Services.

Read more about Reginald Harrion here.

Crystal Wise Martin

Crystal Wise Martin of Jackson, daughter of Mr. Mark and Judge Patricia Wise (current chancellor), received her B.S. in Chemistry from Spelman College, her B.Ch.E. from the Georgia Institute of Technology in 1995, and her J.D. from the University of Mississippi in 1998.

She was admitted to the Mississippi Bar in May, 1998, and joined Langston, Frazer, Sweet and Freese, P.A. She taught Legal Writing at the University of Mississippi, worked in the Lafayette County District Attorney’s Office, and the Office of the United States Attorney for the Southern District of Mississippi.

In February 2008, she served as Attorney to the Hinds County Board of Supervisors. In 2014, she begin operating the law firm of Precious Martin, Sr. & Associates, PLLC, the firm started by her late husband, of more than 14 years, Precious T. Martin, Sr.

She has served as a member of Mississippi Supreme Court’s Pro Hac Vice Commission; Magnolia Bar Association, President and Secretary; Mississippi Bar Association’s Young Lawyers Division; Capital Area Bar Association; and Mississippi Association for Justice. She is the host of the local radio segment called “Talk of the Town” on 90.1 WMPR. She is the proud mother of four children, Precious, Jr. (age 15), Daniel (age 13), Alyssa (age 10), and Anna (age 8).

Read more about Crystal Wise Martin here.

More posts to follow this week, through next week…

Divorce, General Legal

Legal Ad from 1774- Cutting off the “Credit Card”

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“This is to give notice, that my Wife PHEBE has very much misbehaved herself, and not acted the part of a dutiful Wife: I do forbid all person trusting of her on my account, for I will not pay any debt of her contracting”

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Anthony is trying to not be responsible for Phebe’s charges. Oh, Phebe!

Matthew Thompson is a Divorce Attorney in Mississippi and can help you with Phebe’s charges.

Child Support, General Legal

When do YOU get to Keep the Ring?

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I have written about when you do NOT get to keep the ring. The Mississippi Supreme Court has affirmed a time when you do…

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In the case of Cummins v. Goolsby, the Mississippi Supreme Court affirmed the “fiancee”  keeping the ring even though the parties did not get married. However, there was a catch.  The groom-to-be was married to another at the time of the engagement!

In fact at the time of the appeal, the groom-to-be was still married. The Court’s rationale was that conditioning a gift on marriage when one cannot lawfully marry violates public policy and constitutes unclean hands. Thus, the chancellor did not err when awarding the ring to the now “ex-fiancee.”

Also, the Court ruled that the groom-to-be now father, was not entitled to a credit of the value of the ring against child support owed for the child he had with his “ex-fiancee.”

There are several lessons to be learned from this case…

Matthew Thompson is a child custody and matrimonial lawyer in Mississippi.

Child Custody, Divorce, General Legal, Marriage, Opinion

Going to Church Doesn’t Make You A Better Person (automatically)

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“Holier than thou.” 

“So heavenly focused, you’re no earthly good.”

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I have seen these concepts personified. It is distressing. I have seen and heard of one’s belief in their own moral superiority to justify their wrong behavior; interfering with the parent child relationship, persuading others to not help the “sinner,” and literally causing a scene at church.

STOP. YOU’RE doing it wrong. YOU are hurting others. YOU are part of the problem.

Matthew Thompson is a family law attorney and has grown weary of the hypocrisy. He also encourages you to not only go to Church, but also to act like it.

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Child Custody, General Legal, Opinion

Call Your Parents…

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http://www.BowtieLawyer.ms

(601)850-8000

Divorce, General Legal

Divorce, The End of an Error…

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The Winner is…

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Sometimes divorces are necessary. Sometimes you need one for your safety; physically, mentally, emotionally, and/or for the safety of your children. Sometimes we marry for the wrong reasons and sometimes we marry the wrong person with the best of intentions.

A divorce does not have to be the end of something wonderful, it could be the new beginning you needed.

A divorce may be the end of an error, that you needed to stop making.

Congrats to Alan L. on winning the YETI Hopper. Also, congrats to the many participants and great suggestions. There were a number of honorable mentions. Stay tuned for the blogs inspired by your suggestions.

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Child Custody, Divorce, General Legal

You Do NOT Have a Right to an (appointed) Attorney…in a Divorce

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The 6th Amendment to the Constitution guarantees you the right to an attorney and a speedy trial, but this is concerning Criminal prosecutions…NOT divorce.

In divorce cases and most Family Law cases you do NOT have the right to a court appointed attorney.

The exception, Termination of Parental Rights cases, is only after a showing of financial inability.

The other time there’s a Court-Appointed Attorney, a Guardian Ad Litem, the parties still typically have to pay for that person from their own pockets and they represent the child, or more often are an investigative arm of the Court.

Do you need an attorney? Yes. Will the Court give you one? Probably not.

Matthew Thompson is a Family Law attorney in Mississippi.