The Clarion Ledger has an article in today’s paper reporting on the growth of the Mississippi Alcohol Safety Education Program since Hurricane Katrina in 2005. The article reports that DUI arrests in Mississippi have grown from 22,511 in 2005 to 32,099 in 2009 – a big increase. Previously, DUI arrests had fallen off, and this was [...]
Read MoreJune 2010
Today, in the landmark decision of McDonald v. Chicago, the United States Supreme Court held that the Second Amendment right to keep and bear arms now applies against state and local governments, in addition to the federal government. If you want to see the opinion, here it is. Don’t accidentally hit print; the thing is 214 pages long. It was [...]
Read MoreNobody likes to get served with papers. Having served my share of legal documents over the years, I can state that nobody has ever invited me in to eat or to watch the game with them after I properly identified them and put the papers in their hand. It is one of those things in life that is just [...]
Read MoreTimes are tough. People are doing things they wouldn’t normally do to get by. Some of these things can get you into trouble. No company, city, or other entity is going to sell you electricity, gas, water, or any other utility without some kind of meter to measure how much you use so they can [...]
Read MoreUnited States Attorney General Eric H. Holder, Jr. recently issued a Memorandum to all federal prosecutors (the “Holder Memorandum”) addressing the Department of Justice’s policy on charging and sentencing federal crimes. This memorandum is very significant, as it supercedes several previous memoranda issued by the Bush Administration concerning how the Department of Justice will proceed with respect to [...]
Read MoreTicket timeliness. A DUI in Mississippi is a misdemeanor driving offense. It is a harsh driving offense, with severe consequences, but DUI(1st) and (2nd) are misdemeanor driving offenses nonetheless. As such, the laws regarding traffic citations are applicable to the offense of driving under the influence as well, even though a DUI ticket is required by law to be [...]
Read MorePhilip Thomas over at his Mississippi Litigation Review and Commentary has this post on what your lawyer should wear to court. I’ve been contemplating writing a post on what YOU should wear to court, because I go over it with every client, and so here it is: “Don’t come to court looking like you just climbed down [...]
Read MoreThere ain’t no good in an evil-hearted woman And I ain’t cut out to be no Jesse James And you don’t go writing hot checks, down in Mississippi And there ain’t no good chain gang -Johnny Cash and Waylon Jennings It is against the law in Mississippi to “make, draw, utter, or deliver” any [...]
Read MoreIntellectual property (IP) refers to creations of the mind for which property rights are recognized. These “creations” include copyrights, trademarks, patents on inventions, and trade secrets. The United States has created enforceable property rights in these “intangible” property rights, and, just like regular personal property that you can see, it is possible for it to be stolen. If you steal someone’s [...]
Read MoreYour Mississippi driver’s license is in danger of being suspended for any drug conviction. Mississippi Code Annotated § 63-1-71 states that if you are convicted of, enter a plea of nolo contendere, or adjudicated delinquent (Youth Court) for any offense defined in the state’s Uniform Controlled Substances Law, or the laws of anywhere else for [...]
Read More
