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Search Results for: montgomery

12/20/2017

Appointment Process for Federal Judges

Martinson & Beason There’s been a lot of discussion recently about the appointment of federal judges, including the qualifications required to do the job and the confirmation process. Because they serve for life, federal judicial appointments are one of a President’s most enduring legacies. This article will take a non-partisan look at the federal judicial appointment process. Nomination Process Federal District Court Judges, Circuit Court of Appeals Judges and Supreme Court Judges are nominated by the President and confirmed by the Senate. They are lifetime appointments under the Constitution, which means the judges serve until death, impeachment, or retirement. They “hold their offices during good behavior” under Article III, section 1 of the Constitution.

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11/2/2017

From the Football Field to the Courtroom

How College Football Prepared These Lawyers for Their Legal Careers

View Live: www.TheMoShow.Live

November 29, 2017 at 10:00 AM

  Before they traded shoulder pads for suits, Alabama attorneys Bernard Nomberg, Morris Lilienthal, Kermit Kendrick, Steve Ford, and Joel Caldwell spent their days on the gridiron. Join these five former collegiate football players for a discussion on lessons they learned from their playing days -- and how these lessons are still applicable today. The show will air November 29th at 10:00 AM (CST) on Facebook Live.

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4/4/2017

Alabama’s Non-Profit Millionaires

Non-Profit doesn’t have to mean penniless, as recent reporting from al.com and the Wall Street Journal informs us. In fact, over 2,700 individuals from across the United States received compensation from a non-profit in excess of $1 million during 2014, the last year consistent data is available. In Alabama, there…

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3/17/2017

Clarksville, TN Car Accident Attorney

If you have been injured in a Clarksville, Tennessee car accident, it is important that you contact an experienced Tennessee personal injury attorney with a solid history of positive outcomes for others. In 2014, Clarksville Now reported that the most dangerous roadways in the city were Ft. Campbell Blvd., Wilma…

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3/6/2017

Man Steals Half a Million in Financial Elder Abuse Case

A Texas man was recently indicted in an appalling case of financial elder abuse that happened in Madison County, AL, according to a report from al.com. The federal indictment alleges that Dwayne Elllis Baptiste concocted a scheme to steal $545,000 from a retired Lockheed Martin employee who is now deceased. Baptiste became acquainted with the elderly man, Ralph Swinehart, as well as his son, Ronald Swinehart, in 2011. Both Swineharts died within a few days of each other in October of 2011. In order to carry out the scheme, Batiste filed a fraudulent Power of Attorney in Madison County Probate Court, and then proceeded to empty the senior Mr. Swinehart’s retirement accounts. If convicted, the maximum penalties for the crimes include 20 years in jail and a fine of up to $1 million. Although this case involved a violation of federal law, Alabama has criminalized the exploitation of elderly people through the Protecting Alabama’s Elders Act. The law makes first degree intentional elder abuse a class A felony. Ala. Code § 38-9E-3. Financial abuse of an elderly person in the first degree, which includes cases of theft over $2,500, is a Class B felony under the law. Ala. Code § 38-9E-6.

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2/23/2017

Analyzing Alabama DUI Law in Light of Arrest of Madison Mayor’s Wife

Serious traffic offenses seem to be a common occurrence in Huntsville, and this topic became more prevalent recently following the arrest of Julie Finley, the spouse of Madison mayor, Paul Finley, on suspicion of DUI and reckless driving. Local news outlets reported that she was pulled over for driving 103 miles per hour on I-565 (65 mph zone), complied with a “preliminary breath test” that generated a result of .273 blood alcohol content (BAC), which is over three times the legal limit. However, that same news report also states that she refused a BAC test, which may have been a more sophisticated blood or chemical test for alcohol content than the breath test. Ultimately, the articles do not provide enough facts to make a full legal analysis, but raise some good issues to consider in DUI and reckless driving cases:

Breath Test Refusal

First, if you refuse any test to determine blood alcohol concentration, then there will be a 90- day suspension of your license. Code of Alabama 32-5-192. This would apply to the BAC test that Ms. Finley refused, according to the article, so it would appear she will face a 90-day suspension of her license, regardless of the outcome of the case.

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