August 25, 2014

Discovery Abuse in Mississippi Motor Vehicle Accident Case

car-accident-1-774604-m-4.jpgIt is critical that a Mississippi plaintiff provide honest responses to discovery and to his or her attorney. Failure to be completely truthful can result in the dismissal of a plaintiff's case. In a recent personal injury case, a plaintiff's claims were dismissed with prejudice for willful discovery violations. A man and his wife had sued the Mississippi Authority on Educational Television for injuries they claimed resulted from a motor vehicle accident caused by an employee of the company. The plaintiff claimed injuries to his knees, back, neck, and arms, and his wife sought damages for loss of consortium, services, and companionship.

Two years after the couple filed a complaint, the defendants filed a motion to dismiss. In the motion, the defendants argued that the couple gave false testimony about the man's medical history, the reason for the man's disability, and whether the wife had sought similar damages in a nursing home negligence lawsuit involving her father. The couple argued that any inconsistencies had been resolved by their deposition testimony.

At the hearing for the motion, the defendants noted that the man had not disclosed his back injury, previous surgeries, and a post-accident injury to his leg. During the man's deposition, he admitted to his prior injuries, but he consistently denied his left knee surgery even though he had undergone surgery on both knees.

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August 21, 2014

Man Arrested after Police Shoot Truck

Recently, an incident that happened in Tchula sent a man to jail after police officers fired at least 11 rounds into his truck. According to WJTV News Channel 12, on the night of August 8, 53-year-old Earl Anderson was taken to jail after allegedly assaulting an officer with his truck. For whatever reason, Anderson's truck was fired upon by law enforcement officials, no less than 11 times.

Very few details of the case have been released, but Anderson was charged with aggravated assault on a police officer with a motor vehicle, resisting arrest, fleeing, public endangerment, reckless driving, open container and driving with a suspended license.

He was taken to Holmes County Jail and booked on a variety of charges. At this time, officials with the Mississippi Bureau of Investigation are investigating the shooting. If you or a loved one is facing criminal charges, contact the skilled team at Coxwell & Associates, PLLC for a case consultation today.

The attorneys at Coxwell & Associates have real experience actually helping people who are charged with criminal offenses. In order to let you see the real experience, the attorneys have cases listed on their web site showing the variety of criminal cases they have handled over the past thirty-four (34) years.

August 21, 2014

Semi Truck Crashes Around Jackson

Multiple crashes involving semi trucks have occurred around Jackson this week. On Wednesday, an incident involving three semi trucks and a pickup truck happened on I-55 in Lincoln County. Surprisingly, nobody was taken to the hospital. On Thursday, a big rig hauling hazardous materials caught fire on I-20 in Warren County. At least two people were seriously injured in that crash.

Lincoln County Multiple 18-Wheeller Crash

According to WJTV News Channel 12, a crash involving a pickup truck and three 18-wheelers had traffic backed up on I-55, near exit 42 on Wednesday night. Apparently, a pickup truck was headed north in the left lane when for currently unknown reasons, the driver cut in front of a semi truck. The big rig driver had to slam on the breaks, and subsequently jack knifed and flipped over.

Two other semi trucks following behind the first one were also damaged in the crash. Very few details have been released, but it's quite likely that they were not able to navigate around the wreckage or stop in time. Perishable items, including watermelons were spilled all over the roadway, and crews were cleaning for hours. Thankfully, no injuries were immediately reported.

Big-Rig Hauling Hazardous Materials Catches Fire

A wreck in Warren County left one 18-wheeler in flames on the side of I-20. According to WJTV News Channel 12, a moving truck with mechanical problems was parked on the side of the roadway. The driver even put out caution triangles to warn other vehicles of the broken down truck. Then, an 18-wheeler slammed into the parked truck.

One of the trucks was carrying air conditioning equipment, including hazardous materials. Apparently, the freon caught fire. Three people were taken to the hospital. Two of them were seriously injured. At this time, it's unclear why the 18-wheeler hit the other truck. Portions of the roadway were closed for hours.

After a Wreck Involving an 18-Wheeler

Accidents involving commercial trucks can be devastating for drivers, co-drivers and occupants in smaller traditional passenger vehicles. Commercial drivers and trucking companies have additional rules and regulations to follow, so investigations of semi truck accidents can be more complicated than accidents involving regular cars and trucks. If you or a loved one has been injured in a semi truck accident, contact the experienced team at Coxwell & Associates, PLLC for a case consultation today.

The attorneys at Coxwell & Associates have collected settlements and judgments totaling over one hundred fifty ($150,000,000.00) million dollars for individuals. They are skilled at evaluating cases and presenting an individual's harms and losses in the best way possible to maximize the legally collectible damages. Call us today if you have a need for an attorney to handle a serious injury case or criminal case.

August 14, 2014

Man Arrested in Connection with Stolen Diesel Tank

Earlier this week, a man in Holmes County was arrested in connection with a diesel tank theft ring. According to WJTV News Channel 12, Sylvester Nicholson was allegedly found to be in possession of one of the stolen tanks. At this time, he has only been charged with possession of stolen property.

Authorities are likely trying to determine if he was responsible for the theft. WJTV News also reports that multiple farmers have had thousands of gallons of diesel fuel stolen recently.

If you or a loved one is facing charges of possession of stolen property, burglary or robbery, you need to contact a skilled criminal defense lawyer as soon as possible. Don't take a chance with an overburdened public defender. Trust your future to an experienced lawyer with a proven track record.

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August 14, 2014

Hinds County School Bus Crash

On Wednesday afternoon, a Hinds County school bus crash injured several students. According to WJTV News Channel 12, the bus was carrying at least nine children at the time of the wreck. Eye-witness reports indicate that the bus driver swerved to avoid crashing head-on with a minivan that crossed the centerline.

The school bus, heading from Main Street Restart Center, swerved off the roadway and crashed through a guardrail, finally stopping in heavy foliage. The driver reported that she was traveling eastbound on Old Highway 80, nearing Norrell Road, when the westbound van crossed over the centerline. As of Wednesday evening, the injured children were released from the hospital. At this time, the crash is being classified as a one-vehicle wreck, which is still under investigation by officials with the Mississippi Highway Patrol.

School Bus Safety

Although school buses are considered one of the safest ways to get children to and from school, they aren't totally without risk. School buses are designed to be safer than smaller traditional passenger vehicles in avoiding crashes and preventing injury. The National Highway Traffic Safety Administration (NHTSA) offers parents tips to increase their child's school bus safety. In fact, the greatest risk to bus riders is the "danger zone." The "danger zone" is the area within 10 feet in front, behind and on each side of the bus.

NHTSA's School Bus Safety Tips

• Wait for the driver to say it's safe to board.
• When the driver says it is okay, always take five giant steps from the front of the bus before crossing in front of the vehicle.
• If you drop something while getting on or off the bus, ask the driver before you try to retrieve it.
• Keep loose items in your book bag.
• Sit facing forward and remain in your seat while the bus is moving.
• Be respectful of the driver and always follow instructions.

After a Wreck Involving a School Bus or Daycare Van

After any wreck involving a school bus or daycare van, the top priority is your child's health. Since families may be facing medical bills and lost wages from missing work to take care of an injured child, it's important to speak with an experienced personal injury lawyer as soon as possible. A skilled attorney can stay abreast of official investigative developments, and be your advocate during a difficult time.

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August 7, 2014

The Right to Counsel in Criminal Cases: Use it or Lose it.

download.jpgEvery person in American is entitled to the protection of our great Bill of Rights. One of the Rights that I have written about before is the Fifth Amendment Right to Remain Silent. The Mississippi Constitution of 1890 contains a Bill of Rights that parallels those in the United States Constitution. For example the Mississippi Constitution has a Right similar to the 4th Amendment (right to be free from unreasonable search and seizure), and rights like the 5th and 6th Amendments to the U.S. Constitution.

What you may not know is that the U.S. Supreme Court sets the "floor" through its interpretation of our Federal Bill of Rights. What I mean by that is when the U.S. Supreme Court tells the states how a right must be applied or enforced, the various states can provide greater protections to its citizens than offered by the federal interpretation, but they cannot give less. Does that make sense? Mississippi is one of those states that has on occasion provided greater protection through the Mississippi Constitution than is provided by the Federal Constitution. This fact alone is why when you are suspected of or charged with a criminal offense you need an attorney or team of attorneys who know both Federal and State Constitutional Law. A good example of a Mississippi Miranda case can be found here.

Let's go back to your Right to remain silent. I believe this is one of the most valuable rights you can have if, and I say "if," you use it correctly. I advise people all the time that the right to remain silent is yours to use, or lose. If you are approached by someone in law enforcement and you think for a second that they suspect you of a criminal offense, invoke your right to remain silent and ask for a lawyer. If the investigator says you are not under arrest then you don't have to speak to him/her at all. You are free to go. You are not required to go down to the station and answer questions. It might make the investigator mad, or they make use subtle coercion to get you to talk, but you must insist on your right to remain silent or suffer the consequences. Furthermore, you should state clearly and unequivocally (without any doubt) that you want to speak with your lawyer. If you don't have a lawyer tell the investigator you will get a lawyer and have the lawyer get in touch with him/her. If the investigator threatens to arrest you then you need to understand that may happen, but at least you will not be giving up one of your most important and valuable rights without first getting competent and experienced advice. When you get an experienced lawyer the two (2) of you can decide what the best choice for you.

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August 7, 2014

Logging Truck Flips in Holmes County

On Tuesday morning, a logging truck flipped on MS 12 at I-55 in Homes County. According to WJTV News Channel 12, the crash happened just before 10:00 a.m. This two-vehicle crash sent one person to the hospital. Initial reports indicate that a Toyota Sequoia was headed west on MS 12, when it attempted to make a left turn in a center median to turn back east. The logging truck was also headed westbound at the time, and for currently unknown reasons, it collided with the Toyota.

Injured Driver Airlifted

The driver lost control of the log-hauling truck, and it overturned on the roadway. Logs were spilled all over the highway, and the driver of the big rig had to be airlifted to a hospital. No other injuries were immediately reported. The roadway had to be closed for hours as crews and investigators worked the scene. Officials with the Mississippi Highway Patrol are still investigating this collision.

Accidents Involving Big Rigs

In many cases, drivers and passenger occupants of smaller vehicles are injured in accidents involving semi trucks and tractor trailers. This crash is somewhat unique in that the driver of the large truck was seriously injured and no injuries were initially reported from the driver and passengers in the smaller vehicle. Since semi trucks are so much larger and heavier than traditional passenger occupant vehicles, they can inflict a lot of damage onto smaller automobiles. Since the semi truck overturned and spilled its cargo, it's not difficult to understand how the driver was so seriously injured.

After any kind of Automobile Accident

Whether you're a truck driver or the driver or passenger in a light automobile or truck who has been injured, it's a good idea to speak with a skilled personal injury attorney after an accident. An attorney can be your advocate during a difficult time. Your case may seem straight forward and simple, but insurance companies can be difficult to deal with. There's no word on the driver's current condition or the extent of the injuries. The team at Coxwell & Associates, PLLC wishes the driver a full and speedy recovery.

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August 7, 2014

Stolen Weapons Arrest in Rankin County

An arrest has been made in a case involving stolen weapons and other items from two homes in Rankin County. According to WJTV News Channel 12, 31-year-old Charles Niklos Ray was arrested by officials with the Hinds and Rankin County Sheriff's Department on Tuesday morning.

He allegedly stole guns, ammunition, an ATV and other items from two unoccupied houses last Friday. Authorities report receiving a tip that Ray was at a hotel in Jackson, prior to the arrest.

They are also trying to connect Ray with an abandoned truck found in the woods off Highway 25, in which some of the stolen items were found. Not all of the stolen property has been accounted for, and law enforcement officials are still conducting an investigation. If you or a loved one is facing burglary or robbery charges, contact the experienced criminal defense team at Coxwell & Associates, PLLC today.

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August 6, 2014

Convicted in the Court of Public Opinion

A few weeks ago, some friends and I got together for our once-a-month book club and the topic of conversation turned to the much-publicized Georgia case involving a father charged with murder for the death of his two year old son. If you aren't familiar with the case, a quick Google search will give you more information than you probably ever wanted or needed to know about Justin Harris, the accused father. You'll see information about his internet history, his employment history, his eating habits on the day of his son's death, and you'll see articles about the text messages he was sending that day. The text messages are where our book club conversation spurred this blog post.

jurybox.jpgBecause I am a defense attorney, I realize that my view of those accused of crimes is somewhat different than most of the public. I try to give those accused the benefit of the doubt, and I always keep in mind that the media--whether it's Fox News, MSNBC, CNN, or a local blogger--rarely has 100% of the facts. Or if they do have 100% of the facts, they are not knowledgeable about which facts are applicable to the case at hand. When I heard about the tragic death of two-year-old Cooper Harris after being left in a hot car after his father seemingly forgot about him, I was particularly doubtful that this was murder. While I'm not a parent (except to two dogs), I hear that it's a pretty exhausting, full-time job--on top of your other full-time job. I also know that my mom has told a story about the time she drove all the way to work with me in the backseat of the car, and it wasn't until she reached around to grab her purse did she see me strapped in the car seat and realized she had forgotten to drop me off. So I could easily imagine a scenario when something like Cooper Harris' death might occur. A tragedy? No doubt. But murder?

As the story unfolded and the media attention increased, Justin Harris was charged with felony murder and child abuse for the death of his son. I immediately did not agree with this decision and felt it was possibly a response to media hype. Then details started to emerge--and the way they were portrayed in the media did not make Mr. Harris look very good. There was live coverage of his preliminary hearing, and by the end of it, there probably weren't many people who didn't think Justin Harris was a no-good, murderous scumbag who deserved to spend the rest of his life in prison--or worse. The only problem with this opinion is that it comes way, way too early in the judicial process.

There have been posts on this blog about preliminary hearings, and the topic alone could cover one blog post (Merrida and Chuck--that's my topic for next time--don't steal it!), but here's a very brief, simple rundown. A preliminary hearing is also known as a probable cause hearing. They teach entire classes in law school on what constitutes probable cause and what probable cause really means, but all you need to know is this: at a preliminary hearing, the judge will decide whether it is more likely than not, based on the evidence presented, that a crime has been committed. If he or she determines that it is more likely than not that a crime was committed, then he or she has also determined there is probable cause for the charges.

At preliminary hearings, typically excluded evidence--like hearsay--is admissible to show probable cause, even if it will be excluded during the actual guilt phase. At Justin Harris' preliminary hearing, law enforcement presented evidence from Mr. Harris' personal cell phone, showing that during the day, while his son was still in the backseat of the hot car, Mr. Harris was exchanging text messages of a sexual and explicit nature with several different women--none of whom was his wife. Mr. Harris' attorney argued at the preliminary hearing that the evidence of "sexting" had no bearing on the case and was a tool to "publicly shame him." The judge allowed the texting evidence because it tended to show Mr. Harris' state of mind at the time of death. Which brings us back to my book club meeting.

One of my friends--who I in no way fault for her opinion, since it's clearly one the judge shared--was very upset by the fact that Mr. Harris was sexting while his son was dying, and she named this fact as one of the things that led her to believe he was guilty. I interjected that the texting evidence had literally no bearing on his intent to kill his child; it may make him a sleazy person, a horrible husband, and a questionable father, but just because he's adulterous doesn't mean he's a murderer. Most of the people in the book club didn't really agree with me, but that's not ever stopped me before from stating my opinion, so I continued. I told them all that the type of evidence allowed at the preliminary hearing--the text messages--would (or should, to be more accurate) not be allowed in at trial because it is exactly the type of evidence the Rules of Evidence do not allow. Law Books.jpg

Rule 402 of the Mississippi Rules of Evidence states that all relevant evidence is admissible, unless it's excluded elsewhere in the rules, and evidence that is not relevant is not admissible. The first argument against the text message evidence is that it's not relevant to the murder charge. As I said earlier, the fact that Justin Harris was sending explicit photos to women makes him a lot of things, but it does not make him a murderer. The prosecutors argued that the text showed his state of mind at the time--he wasn't thinking about his child--but I find it hard to believe that a parent is thinking about their child 100% of the time. Again, I'm not a parent, so I don't know from personal experience, but the earlier story about my mom leaving me in the car makes me believe it is possible for a parent to take her mind off her child and not want to kill it.

Rule 403 excludes evidence that may be relevant if it might cause unfair prejudice to the defendant. If we were to believe that the text messaging evidence has some sort of relevance to the murder charge, then it almost certainly should be excluded under Rule 403. The mere fact that my book club friend weighed it so heavily in her mind is proof of the fact that it is unfairly prejudicial to Mr. Harris. The key issue in the murder case will be the intent to leave the child in the car, and the explicit text messages are simply nothing more than character evidence to make jurors hate Mr. Harris. It is easy to believe someone is a murderer if you already think he's a bad guy for other reasons.

Which brings me to Rule 404. Rule 404 excludes evidence of the accused's character if it is being used to show that he is a bad person, and so he must have been being a bad person at the time in question, too. There are times when character evidence and evidence of "other bad acts" are allowed--when showing motive, opportunity, intent, preparation, knowledge, identity, or absence of mistake or accident. This blog post is already a little long, so I won't apply each of these exceptions to the Harris messages, but I will reiterate what I've already said: doing bad things at one time does not prove that you've done them a second time. The Rules of Evidence support that argument, and they are meant to prevent the type of poisonous thinking that the media feeds into.

I've inundated you with information in this post, and I hope you've stuck with me to the end. If there's one thing I want you to take away from this post, it is this: think about what you read or hear from the media. Think about the judicial system and the way you would want it to work if you ever found yourself accused of a crime. Would you want every text message you've ever sent or every internet search you've ever conducted to be splashed across the homepage of CNN? The Rules of Evidence and Rules of Procedure were created to protect defendants--yes, even the guilty ones--from unfairly prejudicial and irrelevant evidence. Justin Harris may be a bad husband and a sleazeball, but even bad people love their children. It is best to leave the determination of his guilt to the jurors charged with hearing the case--because unfortunately, the court of public opinion doesn't protect the accused from unfairly prejudicial and irrelevant evidence.

August 4, 2014

Can You Hold a Nearby Landowner Responsible for Danger on a Public Road in Mississippi?

motorcycle-stunter-tyre-burnout-1301096-m-2.jpgGenerally, you cannot hold a private landowner responsible for a hazardous condition on a public Mississippi road unless you have evidence that it or its agent was negligent. Mere speculation based on the landowner's proximity to the hazard is insufficient. Unfortunately, it can be difficult to prove that a particular person or entity created a hazardous condition and should be responsible for harms caused to third parties by it.

For example, in Patterson, Jr. v. T.L. Wallace Construction, Inc., the plaintiff was seriously injured in a single-vehicle motorcycle accident due to dangers on the road. He sued a construction company and a development company that owned the land for damages. They filed motions for summary judgment. The court granted these motions. The Court of Appeals reversed and sent the cases back for trial. The defendants petitioned for review.

The case arose when the plaintiff and his friend were riding their motorcycles on Cross Creek Parkway, a public road next to a mall. The friend rode in front of the plaintiff by about 20 feet. While riding, the plaintiff hit debris on the road and wiped out. He suffered severe injuries as he navigated through the debris.

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July 30, 2014

Severe and Fatal Bleeding After Taking Xarelto

In a wave of news that echo's the dangers and complications of Pradaxa, a relatively new blood thinner is now being named in multiple lawsuits against the multinational pharmaceutical company Bayer. According to Reuters, Bayer AG is now facing lawsuits over one its top five drugs, a blood thinner called Xarelto. Xarelto is typically being used to treat deep vein thrombosis, which can lead to pulmonary embolism in certain patients. Although Bayer is the drug's manufacturer, Johnson & Johnson's subsidiary, Janssen Pharmaceuticals, markets Xarelto and may also be named in lawsuits.

Potential Complications of Taking Xarelto

Like other dangerous blood thinners on the market, Xarelto carries life-threatening risks of internal bleeding, hemorrhaging, intestinal bleeding, uncontrolled bleeding, rectal bleeding and brain hemorrhaging. These complications are severe and in many cases, deadly because there is no reversal drug for Xarelto.

Xarelto Injuries and Complications

• Internal bleeding
• Hemorrhaging
• Major bleeding events

Warning Signs

• Easy bruising
Unusual bleeding
• Feeling faint
• Black or bloody stools
• Coughing up blood or bloody vomit
• Numbness, tingling or muscle weakness
• Loss of movement to any part of your body

Insufficient Warning of Risk

As it turns out, Bayer and Johnson & Johnson withheld vital information from patients, doctors and regulators regarding the safety of Xarelto. They went so far as to say that Xarelto, part of the 'new' generation of blood thinners, requires no measurement of anticoagulant in the body. Experts will disagree. With other blood thinning drugs, doctors are constantly re-checking anticoagulant levels to make sure patients are in the 'therapeutic window' of treatment. This means their blood is being thinned without putting the patient at an unnecessary and unreasonably high risk for potential internal bleeding or hemorrhaging.

Xarelto Lawsuits: Need to Know

If you have lost a loved one due to hemorrhaging or you have suffered from a severe bleed while taking Xarelto, you need to speak with a personal injury lawyer with proven experience in pharmaceutical litigation claims. Multinational pharmaceutical companies like Bayer and Johnson & Johnson have teams of lawyers on their side, so you need somebody looking out for your rights. If you or a loved one has experienced a severe bleeding event due to Xarelto, contact the experienced team at Coxwell & Associates, PLLC for a free consultation today.

July 30, 2014

The Dangers of Xarelto

Xarelto, considered one of the 'new generation' blood thinners, is being named in lawsuits due to severe and deadly complications. Patients taking Xarelto were not properly warned of the risks involved, which include hemorrhaging, internal bleeding and other unstoppable bleeding events.

Drug manufacturer Bayer and Janssen Pharmaceuticals, a marketing subsidiary of Johnson & Johnson, are being accused of not properly warning patients, doctors and regulators of the dangerous risks involved with this drug.

Warning Signs

• Easy bruising
• Unusual bleeding
• Fainting or lightheadedness
• Black or bloody stools
• Coughing up or vomiting up blood
Numbness, tingling or muscle weakness
• Loss of movement in any part of your body

If you or a loved one has suffered from a severe bleed while taking Xarelto, contact the experienced drug litigation claim team at Coxwell & Associates, PLLC for a free consultation today.
Never stop taking a drug prescribed by your physician without first consulting your doctor.

July 23, 2014

Big Rig Overturns on Highway 28

Earlier this week, a semi truck overturned on Highway 28. The incident happened in Copiah County, just east of Hazlehurst. According to WJTV News Channel 12, the big rig was hauling 43,000 containers of windshield wiper fluid at the time of the crash. Initial reports from the Mississippi Department of Environmental Quality indicate that none of the fluid was spilled onto the roadway.

According to the driver, a car crossed over the centerline, and he turned off the road to avoid it. Thankfully, no injuries were reported. Any time 18-wheelers are involved in crashes, the potential for danger is very high. They are so much larger and heavier than traditional passenger vehicles, and they don't stop on a dime. If you or a loved one has been injured in a semi truck accident, contact the experienced team at Coxwell & Associates, PLLC today.

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July 23, 2014

Multiple Drug and Burglary Arrests in Clinton

Last week, at least nine arrests were made in connection with a burglary and drug raid in Clinton. According to WJTV News Channel 12, a burglary at the Shell convenience store on Clinton Boulevard and a drug raid at a house on Suzy Lane were connected through various suspects. Initial reports indicate that nine people were arrested in connection those crimes and a variety of other crimes around Jackson.

Shell Store Burglarized

At around 2:30 a.m. on Monday morning, the Shell store on Clinton Boulevard was burglarized by two suspects. Law enforcement officers did acquire in-store video footage of the suspects. One of the suspects apparently had a distinctive tattoo.

Suzy Lane Drug Bust

On Monday evening, officers took Edward Burtts into custody as a result of a drug bust on Suzy Lane. Because of a tattoo, they allegedly connected Burtts to the Shell store burglary and other burglaries around South Clinton. An additional suspect, William E. Weeden, was also taken into custody in connection with the burglary.

Seven Additional Arrests

Law enforcement officials from various agencies made an additional seven arrests in connection with these two incidents and other crimes. Additional charges from the Jackson Police Department, Hinds County Sherriff's Department and the Madison Sherriff's Office may be pending.

Drug Arrests

Some of the suspects are facing a variety of charges ranging from possession of paraphernalia to possession of a controlled substance with intent to sell. With mandatory minimums, even the mildest of these charges could carry heavy penalties, so accused parties should contact experienced criminal defense attorneys with proven drug case experience swiftly for the best possible outcome.

Burglary Arrests

It sounds like both Edward Burtts and William Weeden are facing multiple charges from various jurisdictions, with additional charges pending. Burglary, larceny and robbery convictions can also carry heavy sentences, so it would be unwise to trust your case to an inexperienced attorney or an overburdened public defender. Nothing is more important than making sure your rights are being protected during a criminal case. Whether you're facing misdemeanor or felony charges in state or Federal courts, contact an experienced criminal defense lawyer as soon as possible for the best representation.

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July 23, 2014

Expert Testimony in Mississippi Product Liability Cases

1958-ford-headlight-cowl-ornament-837901-m.jpgIn order to prove causation, a plaintiff asserting design or manufacturing defects must show proof of a defect as well as causation to recover under the Mississippi Products Liability Act. Defect and causation can be difficult to prove where there are multiple corporations involved in the design and manufacturing of an allegedly defective product. These elements can also be difficult to prove where a claim is cutting-edge. The more novel a claimed defect is, the more difficult it can be to secure reliable expert testimony to support the claim.

A 2012 case arose from a car accident on U.S. Hwy 45 in Mississippi. Doris Riley ran a stop sign and crossed the highway, crashing her Toyota into the side of a Ford Probe. The three-year-old daughter of Kelly Grant, who was driving the Ford Probe, was sitting in the driver's side rear seat and suffered a fatal head injury during the accident.

Grant sued Ford, claiming that the Ford Probe's design and manufacturing defects caused her daughter's death. Ford moved for summary judgment during the course of litigation, and the trial court granted the motion.

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