Category Archives: General Legal

Crime, General Legal, Opinion

“Thomas Jefferson” Disbarred

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Kansas Attorney Dennis Hawver has been disbarred due to “inexplicable incompetence!”

Hawver committed a number of blunders throughout the case, among them include;

  • At trial, Hawver described his client a “professional drug dealer” and a “shooter of people,”
  • Hawver  argued at trial that his client would never have left a witness alive if he had shot the two women victims.
  • Hawver did not investigate alibi witnesses and did not track his client’s cellphone to find his location at the time of the murders.

His explanation?  “I had no idea that cellphones had GPS capabilities at that time,” he said. “Did you? I didn’t. If I had known it, I’d have been on it like a dog on a bone.”

  • Hawver had never previously tried a capital murder case and had not tried a murder case in more than 20 years.
  • He was unfamiliar with ABA guidelines for trying capital murder cases.
  • He informed the jury his client had previously been convicted of voluntary manslaughter, even though prosecutors agreed to a stipulation that the client had a prior felony conviction without further details.
  • He failed to seek dismissal of the capital charge after the Kansas Supreme Court struck down the death penalty scheme.
  • Hawver had said he had no funds for a pretrial investigation and he did not call the indigent defense board to explore whether funding was available to support his representation.
  • He also said he did not recall whether a board representative had called him with an offer to provide co-counsel, investigators, consultants and expert witnesses, but he does not contest that an offer of funding was made.
  • During the sentencing phase of the trial, he said the killer should be executed.

During the arguments concerning attorney discipline, Hawver named Thomas Jefferson as his hero and says he wore the outfit because he had a constitutional right to represent the client “as directed, instructed and agreed” by the client, “no matter what the ABA guidelines have to say.”

Matthew Thompson is a Mississippi Family Law Attorney and advises all potential clients that if your attorney dresses as a Founding Father for Court it is time for a new attorney.

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

Child Custody, Child Support, Divorce, General Legal, Marriage

Mississippi: Same-Sex Marriage and the Rational Basis Argument

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Any minute Mississippi will be in the national spotlight.

At issue are two pending Federal Court cases attempting to strike down the ban on Mississippi’s Constitutional restriction against same-sex marriage, and a state law prohibiting same-sex adoption.  The arguments have been made and the matters are in the “bosom of the Court.”

The question that the Court is deciding is whether there is a “Rational Basis” for the State (Governmental entity) to restrict the rights of citizens eligible for marriage to one another.

The Rational Basis review tests whether a governmental action is a reasonable means to an end that may be legitimately pursued by the government. This test requires that the governmental action be “rationally related” to a “legitimate” government interest. Under this standard of review, the “legitimate interest” does not have to be the government’s actual interest. Rather, if the court can merely hypothesize a “legitimate” interest served by the challenged action, it will withstand the rational basis review.

During the arguments the Judge asked what is the State’s rational basis in preventing these persons from marrying and adopting.  The State’s response was “responsible procreation.”  Based on that response the Court’s ultimate task is to determine 1) is “responsible procreation” something the State has a legitimate interest in, and 2) are the State imposed restrictions rationally related to that goal.

A ruling should come swiftly and the early indications, based on the Judge’s questions and the reception of the arguments presented, are that Mississippi will be the next State to recognize and allow same-sex marriage.

Matthew Thompson is a Mississippi Family Law Attorney, Adjunct Professor of Law -Domestic Relations and is closely following these pending cases and the impact they will have on Mississippi Family Law.

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

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

Court is Unpredictable.

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Court. The true final frontier.

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Court is where disputes that otherwise cannot get resolved get resolved. However, Court does not always go as planned. Witnesses freeze up and forget details that matter. Your client talks too much and argues with the other side. Or, your client cries uncontrollably and is hard to understand while testifying. The other party has spontaneous amnesia. The Judge has other cases and the other attorney has an emergency in the next Courtroom.

Even the best laid plans go awry. Court starts late and finishes early, for the day. Court runs long. Court is not fun and a “win” is hard to come by.

Avoid it if you can. Prepare like you can’t.

Matthew Thompson is a Mississippi Family Attorney.

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

Child Custody, Divorce, General Legal, Marriage

Mississippi & Same Sex Marriage; The End or the Beginning?

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Think about this question posed by Federal Court Judge, Carlton Reeves, yesterday:

“What is the state’s rational basis that same-sex couples can’t marry … and its prohibition of same-sex couples from adopting children when all a child wants is to be loved, and they don’t care by whom?”

At least two instances of persons challenging Mississippi’s ban on same-sex marriage and adoption are now pending before the Federal District Court. A number of Federal Circuit Courts have struck down similar state bans and the trend is growing.

The response to the Judge’s inquiry was “responsible procreation.”  However the days of “having” to be married to procreate have gone out the window. Additionally, it has no bearing on infertile couples, elderly couples or even prisoners, all of whom still have the legal right to marry so long as it is a person of the opposite gender.

Mississippi’s ban, I predict, is the next to be struck down. There’s not a rational basis for gender discrimination when it comes to marriage.  There are arguments on a religious basis and tradition, but neither of these arguments will carry the day, nor will responsible procreation. These cases and the Mississippi law really turn on same-gender arguments and whether there is a rational basis, the legal standard required, to place limitations on the rights of same-gender couples as opposed to purely sexual orientation arguments. Stay tuned.

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Matthew Thompson is a Mississippi Family Law attorney, Adjunct Professor of Domestic relations, admitted to practice before the U.S. Supreme Court (pictured above) and predicting a change in Mississippi law very soon.

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

Child Custody, Child Support, Divorce, General Legal, Marriage

Here Comes the Judge; Election Results

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Mississippians elected some new Judges and re-hired some familiar ones.  Of the contested elections here’s what we have so far.

Winners in Bold.

Chancery Court, District 11, Place 1 (Madison, Yazoo and Holmes)

This is a new Judge as Judge Goree is retiring.

Chancery Court, District 8, Place 2 (The Coast)

Chancery Court, District 8, Place 3 (The Coast)

Chancery Court, District 13, Place 1 (Covington, Jefferson Davis, Lawrence, Simpson & Smith)

This race was interesting as the incumbent, Shoemake, ran and won against Buffington in the last election – who was the Judge prior to Shoemake. Buffington sought to be re-hired, Shoemake held the seat.

Chancery Court, District 13, Place 2 (Covington, Jefferson Davis, Lawrence, Simpson & Smith)

Heading for a run-off between Martin and Burnham. This seat was vacated by Joe Dale Walker for Judicial misconduct.

Chancery Court, District 16, Place 1 (The Coast)

Too close to call and are still counting affidavit ballots.

Chancery Court, District 16, Place 3 (The Coast)

Fondren will be a new Chancery Judge and this race was interesting as the outgoing Judge, Chuck Bordis, withdrew from the race. There was gossip of soap opera issues between Bordis and Fondren.  Interestingly, its exactly the type of matters Chancery Judge’s hear. Nothing better than real-life experience for preparation for the job.

Chancery Court, District 18, Place 1 (Benton, Calhoun, Lafayette, Marshall & Tippah)

Chancery Court, District 18, Place 2 (Benton, Calhoun, Lafayette, Marshall & Tippah)

Matthew Thompson is a Chancery Court Attorney in Mississippi and will continue to update the Family Law Judicial elections that effect you.

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.

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Divorce, General Legal

Getting STUNG in Court!

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Seldom in Court does everything go in one party’s favor, but there are times where the party-in-the-wrong get’s STUNG by the Court.

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How do you know if you got Stung in Court?  Oh, you know.

  • You may have been dressed down by the Judge.
  • He may have stated that your conduct was petty or silly.
  • A finding that your lawsuit was frivolous.
  • Perhaps your claim was dismissed in its entirety.
  • When the other side is preparing the Order and it was not an “Agreed” judgment, that too can be a sign of a win or loss.
  • If you were held in contempt.

But there is also another sign of getting Stung. Are you paying your opponent’s attorneys fees?

If you’re paying the other party’s Attorneys Fees, you got Stung!

Matthew Thompson is a Divorce Attorney in Mississippi and warns clients to not get Stung!

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.

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Divorce, General Legal, Marriage

Easy to Get Married; Hard to Get Divorced.

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“Easy Come, Easy Go” does NOT apply to Family Law.

http://www.triggerandfreewheel.com/comic/easy-come-easy-go

It’s easy to get Married. Quick, too.  Just show:

  1. Both parties must apply together
  2. Both parties must present a valid I.D. (Driver’s License, Birth Certificate, Military I.D., DD214, Baptismal Certificate, Life Insurance Record, School Record, or any other official document evidencing age. The Clerk shall retain a copy on file.
  3. $23.00 CASH fee (or similar fee depending on County)
  4. If either party has been divorced within the last six (6) months, a copy of the divorce decree is required

Additional Information

  1. If either applicant is under TWENTY-ONE (21) years of age, parental consent is required
  2. The female applicant must be at least fifteen (15) years of age to apply
  3. The male applicant must be at least seventeen (17) years of age to apply
  4. The license may be used only in the State of Mississippi

Harrison County Circuit Clerk.

It can be very difficult to get a Divorce.

You and your spouse must;

  • Agree to a Divorce
  • Agree to all of the Terms of the Divorce Agreement (including custody, support, visitation, property division and financial terms)

The basic process is;

  • File a Joint Complaint for Divorce (this begins a 60 day waiting period)
  • Prepare and exchange financial Statements
  • Prepare and sign the Child Custody and Property Settlement Agreement
  • Prepare and sign the Final Judgment of Divorce
  • Present the paperwork to the Court for approval (after 60 days of the initial filing)
  • Possibly attend Parenting Class

This ONLY works if you and your spouse can AGREE To EVERYTHING.  If you cannot then you must pursue a Fault based divorce.

Fault requires:

  • File a fault-based Complaint for Divorce (determine if you need Temporary Relief)
  • Have a Summons issued (Rule 4, 81 or both)
  • Have your spouse served with the documents
  • Prepare and attend a Temp. Hearing
  • Propound Discovery
  • Issue subpoenas
  • Respond to Discovery
  • Take Depositions
  • Have a Contempt hearing
  • Prepare and exchange financial Statements
  • Possibly attend Parenting Class
  • Set Trial
  • Prepare for trial (6-12 months from now)
  • Trial gets continued for some reason
  • Attend Trial
  • Await Ruling
  • Be aggrieved
  • Both parties file Appeals
  • 1 1/2 years later get ruling on appeal
  • Matter is Remanded
  • Repeat the above

“… it is the greatest of all mistakes to begin life with the expectation that it is going to be easy, or with the wish to have it so.”
― Lucy Larcom

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.

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Crime, Divorce, General Legal

Update: Mississippi Judge Pleads GUILTY

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As an update from a prior blog, former Mississippi Chancery Judge Joe Dale Walker, has pleaded guilty to Federal charges.

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Walker, formerly of the 13th Chancery Court district which includes; Covington, Jefferson Davis, Lawrence, Simpson and Smith counties, was on suspension by the Mississippi Supreme Court for his on-the-bench conduct. He pleaded guilty this week to federal charges that included that he instructed a federal grand jury witness to destroy documents and then lied to FBI agents about it.

According to the FBI, Walker directed an attorney (the witness) he had appointed for a Conservatorship to solicit bids for the construction of a home for the ward. Of the bids obtained, one was from the Judge’s nephew.  The Judge reviewed the bids in his office and instructed his nephew to increase his bid. Walker then transferred the case to the other Judge in the district for the limited purpose of accepting and approving the bid because of his nephew’s involvement. After the contract was awarded to Walker’s nephew, the case was transferred back to Walker by the second Judge.

Walker, knowing that a Grand Jury subpoena was outstanding for information concerning the bidding process, spoke with the witness about instructing his nephew to increase his bid and the original bid and any existing copies.

When interviewed by the FBI, Walker denied  talking with the witness about his nephew’s  bids and denied telling the witness that the original low bid needed to be “somewhere else.”

U.S. District Judge David C. Bramlette III will sentence Walker Jan. 8. He faces up to 20 years in prison and a $250,000 fine.

Read more: http://www.washingtontimes.com/news/2014/oct/7/ex-chancery-judge-joe-dale-walker-pleads-guilty/#ixzz3Ff16e0Ll

The Judge’s suspension, resignation, and guilty plea were a result of the joint efforts of the Mississippi Judicial Performance Committee and the FBI- Public Corruption Unit.

Matthew Thompson is a Family Law Attorney in Mississippi and warns you to NOT lie to the FBI!

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.

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