Category Archives: General Legal

TN Law Makes DUI Driver of Fatal Wreck Pay Child Support

Ethan’s, Hailey’s, and Bentley’s Law1 requires a sentencing court to order a defendant who has been convicted of vehicular homicide due to intoxication, and in which the victim of the offense was the parent of a minor child, to pay restitution in the form of child maintenance to each of the victim’s children until each child reaches 18 years of age and has graduated from high school.

Cecilia Williams , grandmother of, Bentley Williams, 5, and Mason Williams, 3, is raising her grandchildren after their parents were killed April 13, 2021, in a drunk-driving accident in Missouri.

Since her family members’ deaths, Williams has worked to get legislation called Bentley’s Law passed in Tennessee and several other states, including attempts in Missouri, that requires those convicted of driving while intoxicated to pay compensation to families affected by a drunk-driving death.

Tennessee Gov. Bill Lee signed the bill on May 25, 2022.

Along with Tennessee, Bentley’s Law has also been introduced in Missouri, Louisiana, Ohio, Pennsylvania, Virginia, Illinois, Alabama, South Carolina and Oklahoma. Vermont, Massachusetts, Hawaii, Kansas, Arkansas, Delaware, Wisconsin, Arizona, California, Colorado, Florida, Indiana, Michigan, Texas and Utah have stated plans to introduce similar laws during 2023 sessions.

David G. Thurby, 26, of Fenton, TN was charged and convicted of three counts of involuntary manslaughter in connection with the fatal accident in Byrnes Mill, Missouri.

After the fatal accident on April 13, 2021, Thurby was arrested and told a Missouri State Highway Patrol trooper that before the crash, he had seven shots of Crown and water, and a preliminary breath test showed Thurby’s blood-alcohol content was .192 percent, more than twice the legal limit, according to the probable-cause statement in the case.

A jury found Thurby guilty following a trial in front of Jefferson County Circuit Judge Victor Melenbrink.

In March, Judge Melenbrink sentenced Thurby to four years in prison on each of the three counts. Two of the counts are to be served consecutively with the other to be served concurrently, meaning Thurby is to serve eight years in prison.

Williams has set up a Facebook group called “Bentley’s Law” to share updates about the law’s progress in each state.

Matthew Thompson is Child Support lawyer in Mississippi and supports a law such as this in Mississippi.

  1. The law is named after children whose parents were killed in crashes caused by drunk drivers.

Mississippi Considers Irretrievable Breakdown…Again.

Mississippi considers legislation to make common sense changes to Family Law.

Pending before the Senate is an Act to amend MCA SECTION 93-5-1, to delete the requirement of “WILLFUL AND OBSTINATE” from the ground of desertion and to provide an additional ground when the “COURT FINDS THERE HAS BEEN AN IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE AND THAT FURTHER ATTEMPTS AT RECONCILIATION ARE IMPRACTICAL OR FUTILE AND NOT IN THE BEST INTERESTS OF THE PARTIES OR FAMILY…”

This proposal is significant because it would allow for a divorce if the parties have been separated for over a year, regardless of the reason and additionally would allow the Court to divorce a couple if the Court was convinced the marriage was over and beyond repair, regardless if other fault grounds existed. These are just common sense changes.

These changes would bring Mississippi closer in line with 48 other states with regards to divorce. While still not a true no-fault provision, this allows for the possibility of relief in most cases when it was previously not. What do you mean by that, you ask? Financial/divorce blackmail is legal in Mississippi under its current law.

Mississippi does NOT have a no-fault divorce option. Either you have fault grounds or an agreement to all issues between you and your spouse and if you have neither of those, you cannot get a divorce in Mississippi.

These changes, or something similar, are kicked around every year. Last year a blue-ribbon panel assembled by the legislature recommended changes and it didn’t happen. These are much needed and will actually help serve and protect families in Mississippi.

Matthew Thompson is a Family Law attorney in Mississippi and supports these changes. (601) 850-8000

Don’t Lie to Your Attorney- or there will be Consequences…

This is not a threat. This is a fact.

Lawyers give their best advice based on what the client tells them. Based on what the “facts” are can significantly impact not only the outcome, but also the advice given.

Routinely, clients have denied certain conduct and based upon those assertion, advice is given. Then, the other side files a pleading alleging the very conduct. Many times I have called opposing counsel and asked that they provide the proof, as it may well change my advice.

When you lie to your lawyer it impacts your case. It impacts the advice given. It impacts the strategy of the case. It also impacts what your lawyer believes from you thereafter. AND, it can also impact the outcome of your case.

So, did you lie to your attorney about a material, critical part of your case? Did that lie effect the advice given and strategy used? Did that lie come back to bite you in the tail (and could have been minimized had you just told the truth)? So, think long and hard about lying to your attorney – – and don’t do it.

Matthew Thompson is a civil litigation attorney and knows the adage of if your lips are moving you’re lying, but still wants to believe the clients.

Marriage in Mississippi- Until Death…Irretrievable Breakdown is Dead.

A proposed bill died a quiet death in committee yesterday, the same committee that helped in the drafting and promoting it. This bill had previously passed the Senate as well…

In November, I wrote about the “word on the street” of changes coming in Family Law in Mississippi. Last summer the Mississippi Legislature assembled a blue-ribbon panel of lawyers, judges, legislators, law professors and the like to assess some of Mississippi’s more difficult or out-of-the-main-stream family law laws.

This panel suggested multiple changes with child support/age of majority and adding a 13th ground for divorce- irretrievable breakdown. This change would bring Mississippi in line with approximately 48 other states.

Part of the reason for the blue-ribbon panel was to gain insight from the practitioners, judges and persons dealing with the families this would impact. The rumor mill was that this was a done deal, was much-needed and would alleviate what one supreme court justice described as “financial blackmail.”

Yoggi Berra said it first, “It ain’t over ’til it’s over.”

Senate Bill 2643 (Miss 2022) died in Committee on March 1, 2022, when it was referred to Judiciary A, by Speaker, Philip Gun.

“4   02/10 (S) Transmitted To House
   5   03/01 (H) Referred To Judiciary A
   6   03/01 (H) Died In Committee”

Unfortunately, we may never know all of the behind-the-scenes details on why this was studied, proposed, promoted, passed, referred and allowed to whither on the vine. But, it was a much needed change in Mississippi law and one that would do more to promote family harmony than anything else the Mississippi legislature could do.

This harkens back to 2017 when a legislator single-handedly killed attempts to add domestic violence as a specific element of a cruelty based divorce and allow for the victim’s testimony to be sufficient proof of such. Once the domestic violence provision was struck the firestorm that erupted caused an about-face of the legislator and the language reappeared in another bill…lets hope for some common sense and that history repeats itself.

Matthew Thompson is a Mississippi Divorce and Civil Defense Attorney and is routing for another Change of Heart!

Mississippi ID Goes Digital – MS Mobile ID

Forgot your wallet or purse? No problem. You now have a legal, state issued ID on your phone or mobile device….and, we know you did not forget your phone!

MS Mobile ID https://www.driverservicebureau.dps.ms.gov/mobile-id/

Mobile ID is an app allowing Mississippi residents to maintain a valid, state-issued ID on their device. Mobile ID reports that it is a “highly secure, digitized version of your driver license or state-issued ID, carried in an app on your smartphone”

Mobile ID is endorsed by the Department of Public Safety and the MS Drivers Service Bureau. “Mississippi Mobile ID keeps user data secure and ensures privacy of personal information by only storing information with the state system of record and on the user’s device.”

Mobile ID offers a contactless method for verifying identity. “Mobile ID allows the DPS to push updates to information such as an address change or status update, so verifiers can be confident the identity they are accepting is authentic and up-to-date.”

This appears to be safe, easy and legitimate. Now you can have your ID on you whether you have your wallet or not.

Who Can You Count On?

Woody, from Toy Story, was always someone Andy could count on.

However, Woody is fiction and so is the vast numbers of people you can count on.

Today’s post is not a pessimistic world view, but you can count on five people, maybe.

You can count on your parents, usually. You can count on your siblings, oftentimes. You can count on bestfriends, sometimes. You can count on professionals, reasonably speaking. You can count on your spouse, about half of the time. Anyone else? Don’t count on it.

That co-worker that said the orange shirt looked good on you told your other co-worker it looked like you worked at Orange Julius. That friend from the gym, isn’t so friendly behind your back. That acquaintance from tennis that always smiles, is not smiling when they’re recounting the latest bit of gossip, that they know is not true…

A wise man once said, “If you have no expectations of people, you will not be disappointed.”

Humans are imperfect creatures. We all mess up. Sometimes in big public ways that lend themselves to public scorn, sometimes in private, discreet manners that result in no harm, no foul. However, we all mess up. Remember that.

Matthew Thompson is a family law/civil defense attorney and often gives the advice- prepare for the worst, hope for the best, and you’ll usually end up somewhere in between.

Divorce is a Lonely Process

I was recently at a conference where the speaker, an attorney from Austin, TX, made this profound statement.

It struck a chord, as it is a very true statement…

Divorce is hard and when going through the depths of it, it can seem overwhelming. Your family, friends and neighbors may avoid you like the plague.

Sides are picked, lines drawn and sometimes what you think is a sure thing is not.

If you find yourself going through a divorce or about to, identify a good lawyer that can represent you, get a recommendation of a good counselor that can help deal with the emotions and drama, and strive to maintain your support system.

Matthew Thompson is a divorce and civil defense attorney and encourages you to have a support system when going through a divorce.

(601)850-8000 www.ThompsonLaw.ms

Happy Father’s Day!