Mississippi Lawyer Blog

Mississippi Justice Court Judges are up in arms over a proposed rule change that would require businesses who appear in justice court to retain the services of a lawyer. The proposed rule actually originated from the Justice Court Rules Advisory Committee which is comprised by..you guessed it..Justice Court Judges! The rule is currently pending before the Mississippi Supreme Court who has to now take time to consider the rule which apparently most of the justice court judges don't even like. Nice waste of taxpayer's money.

For those who are not familiar with Mississippi's justice court system, justice court judges preside over misdemeanor criminal cases (like DUI, simple assault, domestic violence, etc.), conduct preliminary hearings on felony cases, and handle civil claims which do not exceed $2,500 in money damages. Justice Court judges are not required to be lawyers or even have a college degree. Justice Court judges are simply required to have a high school diploma or its equivalent. The job pays $45,000 annually.

I have a problem with anyone presiding over a criminal or civil matter who is not an attorney. I went to college and law school (7 years total) and then had to pass the Mississippi Bar Exam in order to practice law in this state. I then have to try cases in front of "judges" who wouldn't know a hearsay objection from a relevance objection. That's not a personal attack on anyone it's just a fact. Would you go to a "doctor" who never went to medical school? Then why do we let people who aren't lawyers sit as judges? It invokes memories of Snuffy Smith going in front of the local Justice of the Peace.

Continue reading "Mississippi Justice Court Judges Oppose Rule Requiring Lawyers to Represent Businesses" »

We have all seen them. The District Attorney or Assistant D.A. that just cannot wait to make a headline in the paper by trying their case in front of the jury. While all D.A.'s are not attention-seeking, all District Attorneys are elected in our state. Obviously, this fact has nothing to do with their constant desire to grandstand when the press is in the courtroom or around the courthouse. This type of behavior has been going on for as long as people have craved attention. In an effort to prevent certain types of behavior, all lawyers have been provided the "Mississippi Rules of Professional Conduct" to guide them along. In fact, you cannot even graduate law school without having taken a class in Professional Ethics.

Knowing that all attorneys should be aware of these rules, I become extremely offended when I witness attorneys violating these rules, usually because they are unaware they even exist. So why don't the attorneys know the rules? Well, it doesn't help when certain private attorneys are serving as "special prosecutors" for various cases. That's right; an attorney who was never elected by the residents of a particular county is serving as the prosecutor for various cases across our state. These "prosecutors" sometimes violate rules that are essential to any jury trial, and the most alarming trend is they don't even know they're doing it.

Take for instance, this case. Basically, a mistrial was declared after a jury couldn't agree whether a mentally ill woman was sane or insane when she fled from police and caused a fatal car accident. The special prosecutor in this case is a private attorney who made some interesting comments after the Judge declared a mistrial.

"Ogden said he made a plea offer of a 10-year sentence with credit for time served. Wilson served more than three years in jail until she was released on bond in January. She is charged with fleeing a law enforcement officer resulting in a death - a charge that carries a maximum 40 years in prison with a conviction.

"We plan to retry her if we can't work out a plea agreement," Ogden said."

This commentary on the case would be absolutely appropriate if it were not absolutely inappropriate. Rule 3.6 of the Rules of Professional Conduct states:

"A lawyer shall not make an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication if the lawyer knows or reasonably should know that it will have a substantial likelihood of materially prejudicing an adjudicative proceeding."

Furthermore, the Mississippi Rules of Evidence, Rule 410 declares statements related to pleas or plea discussions to be inadmissible in trial. The Rule mentions the prejudice a defendant may suffer by having these statements made public.

I, like anyone else out there, appreciate people willing to do something to assist our government in times of need. I am not a fan of people signing up to prosecute other people, and in the process violating rules they should already know and understand. We need to be more vigilant in our roles as advocates, and I am confident the attorneys at Coxwell & Associates understand this concept.

The Federal Trade Commission announced a foreclosure fraud settlement with Countrywide Home Loans. Countrywide had set up their own companies to conduct property inspections, title searches and perform maintenance on homes that they were putting in foreclosure. Countrywide then hired these companies to do the work and marked up the cost more than 100%. Some homeowners were charges $300 for having their grass mowed. The business model set up by Countrywide to collect these excessive and improper charges was pure fraud and deceit. Countrywide agreed to pay $108 million dollars to settle the claims of 450,000 borrowers.

But wait, Countrywide was not and is not the only mortgage servicer doing this. Every mortgage servicing company still in business is charging and collecting bogus and illegal fees from unsuspecting homeowners. Will we see the Federal Trade Commission going after them?

One of my favorite things to do is to ride roller coasters and other thrill rides. The only ride that really freaks me out is the One of my favorite things to do is to ride roller coasters and other thrill rides. The only ride that really freaks me out is the Splash Mountain ride at Disney World and I think that's because it lulls you into a false sense of security with the Br'er Rabbit story complete with the characters and music. Then they send you hurdling down 6,000 foot drop without so much as a harness over your legs! What kind of sick person comes up with that! Anyway, I digress.

I found an article today about the Coxwell & Associates website. >Splash Mountain ride at Disney World and I think that's because it lulls you into a false sense of security with the Br'er Rabbit story complete with the characters and music. Then they send you hurdling down 6,000 foot drop without so much as a harness over your legs! What kind of sick person comes up with that! Anyway, I digress.

I found an article today about the 10 Worst Amusement Park Accidents. That's some scary stuff. As you continue to enjoy your summer, please carefully consider whether you should allow your children to ride on dangerous thrill rides.

Chuck Mullins has been riding the roller coaster of legal practice since 1994. Check out more of Chuck at the Coxwell & Associates website.

As a baseball coach for my son's U8 Coach Pitch team, today's article in the Clarion Ledger concerning a lawsuit against the Louisville Slugger bat company caught my attention. Brandon Patch was pitching for his Helena, Montana American Legion baseball team in 2003. He was struck in the head by a ball and died. He was only 18 years old. The Clarion Ledger article lacked facts so I found the original newspaper article which provided much more detail.

Brandon's family filed suit against Hillerich & Bradsby, the makers of the Louisville Slugger line of bats. A jury ruled against Hillerich & Bradsby and ordered them to pay damages in the amount of $850,000 for Brandon's death. The jury found that the company was responsible for not placing a warning label on the bat. The company appealed the decision but yesterday an appeals court upheld the judgment.

My son and his friends are at the age where a coach pitches the ball to them. The league is aptly named "Coach Pitch". It should be renamed "Coach Pitch, Then Duck"! I cannot tell you the number of times that these 7 year old kids have crushed a baseball that has come within inches of a coach's head. The baseball bats these kids are using are nothing short of rocket launchers. The barrels of the bats are as big as high school or college bats but they make them shorter and lighter for the kids. As a result,the Dads need to be light on their feet.

The technology got so advanced that colleges and other youth baseball governing bodies were forced to pass new legislation to limit the materials in the bats, Bats now have a BPF, bat performance factor, which establishes a method of measuring how a ball jumps off of a bat compared to how a ball rebounds off of a wall at a controlled speed. BPF is simply the increase in the liveliness of a ball hitting a bat compared to throwing a ball against a solid wall (i.e., 20% faster rebound = a BPF of 1.20).

Continue reading "Louisville Slugger Lliable in Wrongful Death " »

A significant arrest in Pascagoula, Mississippi involving a drug and gun running operation caught my attention. According to authorities, they have been investigating this group for (2) years. The persons arrested were involved with shipping drugs to the Mississippi Coast in exchange for guns which were then shipped to Mexico.

I have been involved in numerous cases where the police would investigate a drug or gun running operation for a long period of time. What hacks me off is where the police allow the crime(s) to be committed over a long period of time in order to build their case. For instance, what if the authorities in this particular case allowed drug shipments to come into Mississippi and then allowed guns to flow back to Mexico? I don't know that it happened in this particular cases but it does happen in others.

With the drug related violence going on in Mexico, I sincerely hope that law enforcement officials would not allow this to happen. However, our government has been linked to many nefarious things over the years: Kerry Report links CIA to crack dealing and the CIA's LSD experiment for example.

Continue reading "Major Mississippi Bust Involving Drugs and Guns to Mexico" »

Across the United States a new trend has developed. Teenagers have been using social media to communicate with one another on where groups will be "hanging out" during the summer nights. While this sounds like a simple way to just "spread the word" amongst teenagers, law enforcement has been eavesdropping with their own social media profiles and finding out where and when these "impromptu parties" are being held. Obviously, some residents of a particular area don't particularly like large groups of kids hanging out around their neighborhood. So they cal the cops if they aren't there already.

Well, to some cities, this isn't enough. City Council Members have banded together and have started passing city ordinances providing curfews in an effort to keep people under 18 years of age at home. Curfews are nothing new. Parents and teenagers are getting upset because some of these curfews are set as early as 6:00 p.m. The language of these ordinances are so vague that they basically allow any law enforcement officer to pull over a vehicle for no reason whatsoever other than the driver or passengers "look like they are under 18" and out past curfew.

The ACLU has had a field day with these curfews. They write letters and explain to City Officials that ordinances that seem to be protecting residents can actually be violating teenagers First Amendment Rights.

Every parent and teenager should be familiar with ordinances enacted during the summer months, regardless of where they live. If you need help understanding the ordinance of your area, give me a call and I'll be glad to help you.

Eric Brown

Randy Quaid will always be the lovable Cousin Eddie to thousands of folks including me. The quintessential "house guest that wouldn't leave" stole so many scenes in Vacation and Christmas Vacation he could've been charged with grand larceny. Well, Quaid and his wife were charged with felony vandalism in California and fled the country.

I don't know exactly what is going through Quaid's mind these days. Recently, the State Department refused to extradite Quaid back to the States to face these charges. This seems understandable given the fact that the charges are not serious. However, I feel a bit betrayed by Quaid's actions. Quaid needs to ask himself: WWED (Would Would Eddie Do)? I wonder if Quaid has a lawyer? Holla at me Mr. Quaid.

Fox News has a huge following in this country. Formed in 1996, Fox News has quickly developed into one of the most watched and trusted news stations. Many folks in Mississippi who are friends of mine swear by Fox News' "fair and balanced" approach to news. Let's just cut to the chase: Fox is the conservative "yang" to CNN's "ying" and Mississippi is a very conservative state. Nothing wrong with that.

However, after the recent phone hacking scandal that rocked Rupert Murdoch's media empire, how can anyone trust Fox News? Wait, you ask, how does Rupert Murdoch have anything to do with Fox News? Well, Mr. Murdoch happens to own Fox News along with the Wall Street Journal and the New York Post. News speculation has already surfaced that indicates U.S. authorities may be investigating Murdoch's U.S. companies.

For those unfamiliar with the allegations against Murdoch in England, his newspaper company, News of the World, has been charged with bribing police officers for information and tapping telephones (maybe with police assistance). Mr. Murdoch has denied any knowledge of this but has acknowledged that it occurred during a hearing in front of Parliament today. Mr. Murdoch even got cream pied by a protestor.

Continue reading "After Rupert Murdoch's Recent Scandal Can Anyone Trust Fox News?" »

Just a few days after the Choctaw Tribal Council threw out the election results for tribal chief, the F.B.I. raided the Choctaw casino. This wouldn't be the first time the Choctaws have been caught up in a political scandal.

It will definitely be interesting to see if the two events are linked somehow. Stay tuned.

Continue reading "FBI raids Choctaw Casinos Just A Week after Chief Vote is Thrown Out: Coincidence?" »

I hate the Steelers. Always have, always will. But there's a lesson to be learned from Steelers' wide reciever Hines Ward latest DUI arrest.

Hines was stopped in the early morning hours by Atlanta police driving his Ashton Martin. He admitted to drinking "two beers" (why is it always "two beers"?) earlier in the evening. Ward then agreed to take field sobriety tests. The officer said that Ward "failed" the tests. He was then arrested and charged with DUI.

First and foremost, Ward shouldn't have been drinking and driving. We all know that. But if you're going to have a beer and drive, leave the fancy Aston Martin at home and drive something less snazzy. Maybe a BMW or Mercedes. Also, if you're out at 2:30 a.m. in an Aston Martin, chances are a cop is going to pull you over just to make sure the car isn't stolen.

During the police encounter, Ward incriminated himself by admitting that he had beer earlier in the evening. That makes the Government's job easier when they prosecute him. If you have been drinking and are stopped by police, don't admit to drinking anything. Don't lie and say you haven't either. Just ask for your lawyer. (That's me by the way)

Lastly, Ward took the Field Sobriety Tests and apparently one of them wasn't even "standardized". (The "alphabet test" is not one of the approved standardized field sobriety tests) Look, when you're pulled over by the police and you've had a couple of beer, you're going to be nervous. Why agree to perform a series of balancing tests in the middle of the night on the side of the road while blue lights pulse around you like you're in some LA nightclub? Politely, and I mean politely, decline the officer's request to take the test and again ask for your lawyer. Maybe Hines thought he could pass the tests with those moves he used to win Dancing with the Stars?

Continue reading "Pittsburgh Steelers star Hines Ward Arrest Provides Lesson for Mississippi DUI Clients" »

Many Mississippians, including my family, love going to New Orleans and especially Bourbon Street. However, two recent shootings on this famous street will definitely keep some of us away.

In the first incident, caught on video surveillance, a man randomly shot into a crowd of people on Bourbon with what appears to be a .357 magnum. In the other shooting, also captured on video, the suspect was struggling with bouncers and pulled out a gun. He shot one of the bouncers and pointed the gun at a police officer. Bad move. The officer shot him dead.

Continue reading "Shooting on Bourbon Street Captured on Video" »

One of my favorite pastimes/distractions in the fall is to watch the Cleveland Browns play football with my son, Gavin. It's also a very painful endeavor since the Browns have struggled mightily over the last decade and are only one of a four teams who have never appeared in a Super Bowl.

Recently, the Browns received bad news off the field as opposed to the usual bad news they receive on it. An Ohio Appeals Court ruled that former player, LeCharles Bentley, could sue the team for staph injury he received at the team facility. Bentley, a huge free agent pickup for the Browns, never even played a down for the team. He suffered a career ending injury on the very first play of training camp during a non-contact drill. Such is the Browns' luck.

Continue reading "Court allows Former Browns Player to Sue Team" »

As the NFL lockout enters its 116th day, the 8th Circuit Court of Appeals handed the owners more ammunition it the bargaining process. Now, many legal analysts from around the country have predicted this outcome. But, it wasn't because of the strength of the owner's legal position but because the 8th Circuit is deemed to be more "business friendly" because two of three judges hearing the case were appointed by Republican presidents.

Now, let's think about that. Isn't it scary that Instead of looking at the merits of a case its the politics which determine the outcome? It's scary but true. I'm not saying that the 8th Circuit judges who voted in favor of the owners did this but I do think it happens a lot in our country. I just want a judge, or judges, who call "balls and strikes" fairly. Don't decide cases based upon your political views or how it will hurt your chances for re-election. Being a judge is tough and it requires making tough decisions.

Continue reading "8th Circuit Court of Appeals Sides with Owners in NFL Lockout" »

Coxwell & Associates once again sponsored a local youth sports team: the Madison Ridgeland Orioles. Partner Chuck Mullins (pictured above with wife Wendy and son Gavin) coached the Orioles along with Scott Cook and his brother Allan Cook. The Orioles completed a remarkable undefeated season going 15-0 and captured the Madison Ridgeland World Series title. Thanks to Coxwell & Assocates for its continued involvement in the community!

Continue reading "Coxwell & Associates Baseball Team wins World Series" »

I played college baseball at West Virginia State University. I worked out and since I was young, my metabolism burned off all the late night junk food I consumed. I was 6'2" and 198 pounds of "twisted steel and sex appeal". Life was good. Then I moved to Mississippi for law school. I became sedentary. I was introduced to fried pickles, fried cheese (my God, they can fry cheese?!?!), fried everything. And desserts. After three (3) years of this lifestyle, I ballooned up to 230 pounds.

My story was apparently very common for a lot of Mississippians as we were named once again the Fattest State in the United States. You don't have to spend too much time wondering about how this has happened. Simply look at all the signs proclaiming "ALL YOU CAN EAT" around the Jackson, Mississippi area. This is not a challenge people. You don't have to really "eat all you can eat". What's next? Will restaurants install vomitoriums?

Obesity is a serious health issue. According to the Mississippi State Department of Health, obese people are more prone to suffer from diabetes, high blood pressure, heart problems, and certain types of cancers. How does this affect you if you are not even obese? Health care costs related to obesity was $117 billion in 2000! Half of this $117 billion was paid by taxpayers to those on public health insurance such as Medicare or Medicaid. So our money is being used to underwrite obesity health care. Private insurance companies must raise also raise premiums to pay for obesity health care costs.

But is eating junk food really bad for you? A few years back, actor Morgan Spurlock (a West Virginia native by the way like yours truly) did a film called "Super Size Me". He ate at McDonald's for 30 days breakfast, lunch, and dinner. He was required to "super size" his meal if he was asked to do so by a McDonald's employee. At the end of 30 days, Spurlock gained 24½ lbs., a 13% body mass increase, a cholesterol level of 230, and experienced mood swings, sexual dysfunction, and fat accumulation in his liver.

People have scoffed at the idea that we need laws to regulate junk food and denounced lawsuits aimed at doing the same thing. People cry that "hey, this is America and I can eat whatever I want!". Yes, this is true. However, if I help pay your medical costs I should have a say in what goes into your belly pal.

Continue reading "Super Size Us! Mississippi is Fat, which is not Phat. Do we need to sue?" »

Unless you have been living under a rock, I'm sure most of you are familiar with the Casey Anthony trial by now. The facts are well-known by most: A young mother failed to report her two year old child's disappearance for 30 days. She lied to police on several occasions about her child's whereabouts and other important things. Six months later, the little girl's bones are found. The police arrested the mother and charged her with 1st degree murder, a death penalty offense in Florida.

National attention surrounded the month long trial. The prosecutors utilized state of the art, never before used forensic testimony in an attempt to convict Casey. However, the State could not prove how Caylee died and the defense offered several alternate theories. The defense pointed the finger at Casey Anthony's father and alleged that Caylee Anthony accidentally drowned.

Apparently, the jury was swayed by something as they returned not guilty verdicts on the most serious charges and only convicted Casey of 4 misdemeanor charges of lying to the police. Media and social outrage ensued. How could the jury acquit her after all the evidence against her?!?! Where is the justice?!? Similar outrage was felt after O.J. Simpson was acquitted of killing his ex-wife and Ron Goldman and at least one major newspaper has labeled Casey as the "new OJ". L.A. rioted when police officers were acquitted of assaulting Rodney King.

So, is our jury system broken? As a lawyer for nearly 17 years, I have felt disappointment when a jury does not find for my client. However, I would never go so far as to say that the system is broken. What we have to understand, and learn, from high profile trials like Casey Anthony and OJ Simpson is that the information that we get is filtered through the media. The media decides what to report to us. The media thrives on ratings and selling newspapers (like anyone reads those anymore). The media has an agenda which they are pushing and this is quite different from the actual evidence which a jury hears in a court of law.

The vast majority of Americans think that the Casey Anthony trial, OJ trial, and Rodney King trial are accurate representations of our legal system. They are not. The vast majority of persons charged with crimes are found guilty. The media only reports on the high profile cases because the other cases don't bring the ratings.

It is easy for us as "arm chair quarterbacks" to second guess a jury the way we second guess our favorite college football coaches. However, this jury sat through ALL the relevant testimony for a month and a half. They had access to all the relevant evidence which you and I did not see. The jury took an oath to follow the law and not be swayed by sympathy and prejudice.

Continue reading "Casey Anthony, OJ, and Rodney King: Is our Jury System Broke?" »