In Legal Terms

Latest Episodes:

In Legal Terms: Flowers v Mississippi Oct 13, 2020

Show notes

Guests for In Legal Terms:

Jonathan Abram, a Pro Bono lawyer with Hogan Lovells website: Mississippi prosecutors will not retry Hogan Lovells client Curtis Flowers following Supreme Court decision and six trials
Asscociate Dean Tucker Carrington, Director of the George Cochran Mississippi Innnocence Project https://innocenceproject.olemiss.edu/ Article: Curtis Flowers’ Conviction Overturned!
Henderson Hill, Noted Capital Defense Attorney Article: Noted North Carolina attorney to join Curtis Flowers' defense team
Robert McDuff, Mississippi Center for Justice, Jackson https://mscenterforjustice.org/curtis-flowers/ Article: Atticus Finch with a Laptop

Curtis Flowers was tried for murder six times in Mississippi. Four of the trials resulted in convictions, all of which were overturned on appeal. The U.S. Supreme Court reviewed Flowers' case. It overturned, on a 7–2 vote, the murder convictions in June 2019 in the decision Flowers v. Mississippi. In December 2019, Flowers was released from prison for the first time since his original arrest. On September 4th, 2020, the Attorney General for Mississippi announced she would not seek a seventh trial and had dropped the charges against Flowers.

The Flowers case served as the subject of a 2018 podcast, In the Dark, on American Public Media. https://features.apmreports.org/in-the-dark/season-two/

Hear the oral arguments made before the U.S. Supreme Court and read the opinions https://www.oyez.org/cases/2018/17-9572

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In Legal Terms: Initiative 65 and Alternative 65A Oct 06, 2020

Show notes

The cover art IS the ballot measure that will appear on the November 3rd, 2020 General Election Ballot in Mississippi.

Along with regular hosts Professor Richard Gershon from the University of Mississippi School of Law and MPB's Liz Gill, guests for the show included: Hannah Shirley Mecham Law Firm, Andy Taggert Taggert Rimes and Graham, and Ed Langton MS Board of Health

Additional information:

For Initiative 65: https://www.medicalmarijuana2020.com/

Against Initiative 65: https://www.mississippihorizon.org/

Calls:

what oversite
confusing ballot
Doctor who is against
summery of confusing ballot

Emails:

We wouldn’t have a marijuana or opioid abuse problem if it were not for the abuses of the physicians.
I am a Mississippian, born and raised in Hattiesburg, married in Ocean Springs, until traveling with my husband with the military. We now reside in Florida where MM is legal. I have 2 small boys and have severe postpartum anxiety. Medical marijuana has been a literal lifesaver for me. I am a better wife and mother. To know I couldn’t receive my medicine in Mississippi is heartbreaking. I went to my general physician, he prescribed marijuana, I registered with the state, and the state sent me a card license. Marijuana is medical. Consider the epileptics! It was scheduled as a class 1 drug as a tool to suppress the Black community. The gentleman it is an illegal drug is simply a “crafting of words” as he says. Marijuana is not a drug. Marijuana can not be overdosed on. Marijuana is not addictive. There should be no fear mongering of this highly necessary medicine.

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In Legal Terms: LTG Hosemann and the 2020 Legislative Session Sep 29, 2020

Show notes

Our guest, Lieutenant Governor, Delbert Hosemann talked about his role in Mississippi government, how an idea becomes a law, and about important legislation passed in 2020.

Calls:

absentee votes
creating a law
flag change

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In Legal Terms: What's Up Sep 22, 2020

Show notes

This was an open show to talk about . . . anything!

We discussed:

notaries - guidance from the Secretary of State's office website
Stanley Cup Finals website
special elections - Who's running where? Sample ballot website
voting during a pandemic
voter id
registering to vote
wearing a mask
not wearing a mask while voting
In God We Trust
Absentee voting
2020 Census call: 1-844-330-2020

Deadline to register to vote for the November 3rd 2020 General Election is October 5th, 2020

yallvote.ms

Sample ballot

Want to be a poll worker? sign up here with the Secretary of State's office website.

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In Legal Terms: Expungments Encore Sep 15, 2020

Show notes

This is an encore of http://inlegalterms.mpbonline.org/episodes/in-legal-terms-expungments

Learn more about the Mississippi Volunteer Lawyers Project on their website http://www.mvlp.net/

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In Legal Terms: Tax Exempt Not For Profit Sep 08, 2020

Show notes

Professor Richard Gershon discusses the benefits to setting up a tax exempt not for profit and the hoops you have to jump through to get one made.

Professor Gershon is the author of several books and articles on taxation and legal education, and is a co-author contributing annual updates to Attorney Client Privilege in The United States. In 2019 he published the seventh edition of “A Student’s Guide to the Internal Revenue Code (with Professor Jeffrey A. Maine). https://law.olemiss.edu/faculty-directory/richard-gershon/

Steps to start a charity in Mississippi

IRS Charities and Not For Profits

Lifecycle of an Exempt Organization

Types of Tax Exempt Organizations

Annual Filing Forms

Activities that could jeopardize a public charity's tax-exempt status

Unrelated Business Income Tax

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In Legal Terms: ADA Sep 01, 2020

Show notes

Guest: Pshon Barrett, a former assistant US Attorney, now a private attorney with The ADA Group. Pshon was honored with the 2017 Lifetime Achievement Award by Mississippi Women Lawyers’ Association and is an ambassador with The ABLE National Resource Center

Discussed:

ABLE Center
the definition of having a disability with respect to the ADA
the American's with Disabilities Act

Websites mentioned:

U.S. Department of Justice https://www.ada.gov/

National Federation of the Blind https://www.nfb.org/

American Council of the Blind https://www.acb.org/

Help with Filing a Complaint with the Equal Employment Opportunity Commission https://www.ada.gov/filing_eeoc_complaint.htm

2020 Census https://2020census.gov/

Department of Labor Office of Disability Employment Policy Accommodations

CDC’s Interim Guidance for Businesses and Employers https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html

Mississippi's Online Voter Information Center yallvote.sos.ms.gov

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In Legal Terms: Adoption Encore Aug 25, 2020

Show notes

Guest attorney Tina Seymour Demoran gives an overview of adoption in Mississippi and addresses listener questions.

Topics discussed:

requirements
cost
subsidies
infant adoption
out of culture adoption
family leave
privacy
reversals
inheritance
special needs

More information:

https://www.adoptuskids.org/ Contact: info@adoptuskids.org or adoptms.kids@mdcps.ms.gov

IRS Topic Number 607--Adoption Credit and Adoption Assistance Program IRS.Gov

Mississippi Bar (What are the steps in adopting a child?) https://www.msbar.org/for-the-public/consumer-information/what-are-the-steps-in-adopting-a-child/

North American Council on Adoptable Children https://www.nacac.org/help/adoption-assistance/adoption-assistance-us/state-programs/

Child Welfare Information Gateway https://www.childwelfare.gov/

For more information on Title IV-E eligibility, view our fact sheet Eligibility and Benefits for Federal Adoption Assistance.

Information about our guest and the Seymour Law Firm upcoming seminars: https://www.seymourlawms.com/

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In Legal Terms: Law School Encore Aug 18, 2020

Show notes

Guests: Bette Bradley, Assistant Dean for Admissions and Scholarships at the University of Mississippi School of Law and Jason Derrick, Professor and Chair of the Admissions Committee at the University of Mississippi School of Law

Topics covered:

what are requirements for getting into law school
admission tests
traditional and non-traditional students
employment after school
the American Bar Association exams

https://law.olemiss.edu/staff-directory/bette-bradley/

https://law.olemiss.edu/faculty-directory/jason-derrick/

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In Legal Terms: Chancery Court Aug 11, 2020

Show notes

Guest: Judge Troy Odom https://www.rankincounty.org/department/index.php?structureid=39

Charged with the responsibility of the filing of matters related to: Divorces, Adoptions, Child Support, Wills and Estate matters, Guardianships, Conservator ships, Land matters, and related issues.

The Chancery Judges hear special court cases involving wills and estates, support and custody of minor children, divorces and alimony, and lunacy or commitment hearings. The Judges are known as equity Judges whose area of duty involves more than narrow and rigid interpretations of laws and focuses on protection of individual rights. The Judges also handle other matters, such as petitions to incorporate or enlarge a city, the establishment and management of drainage districts, children's welfare funds, and other projects.

https://www.rankincounty.org/department/index.php?structureid=39

Jury trials returning to Mississippi

https://www.natchezdemocrat.com/2020/08/07/jury-trials-to-return-to-area-will-be-conducted-at-natchez-city-auditorium/

https://courts.ms.gov/news/2020/06.04.20Panola%20jury%20edited.php

There are 20 Chancery Courts around the state. https://courts.ms.gov/trialcourts/chancerycourt/chancerycourt.php

Selection of Judges: nonpartisan election

Retention of Judges: reelection

Qualifications: practicing attorney 5 yrs; minimum age of 26; state citizen 5 yrs; district resident

http://www.judicialselection.us/judicial_selection/methods/limited_jurisdiction_courts.cfm?state=MS

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