One Year of Blogging

I realize this morning that I have been blogging for one year now.  It has been interesting for sure.  Currently, I have had over 5,000 page views which is not too bad for a blog starting from scratch with no advertising.  Several attorneys have told me they have learned some now things reading it and several potential clients have stated it has been helpful also.  Thanks to everyone who has been reading. 

Child Support Case of Interest

The Mississippi Court of Appeals decided Burnham v. Burnham yesterday located here.  The Court of Appeals reversed the trial court order Mr. Burnham to pay $600.00 per month in child support.  The main issue in the case was that the chancellor made what appears to be no findings on the record to deviate from the statutory amount of  child support.  Mr. Burnham apparently had some farm income but the record showed no finding on the record of what amount this was nor a finding on the record to imput income to Mr. Burnham.  The main idea to take away from the decision is that an on the record finding is necessary for a deviation from the child support guidelines. 

Worker's Compensation

The Mississippi Supreme Court decided Smith v. Tippah County Electrical Association located here.  An electrical lineman was injured while installing electrical lines and lost both hands.  The lineman filed for worker's compensation.  The claim was denied as the employer alleged that the lineman was trying to kill himself to avoid a manslaughter charge.   The Mississippi Supreme Court reversed finding that there was insufficient proof of this and the burden was on the employer to prove this as an affirmative defense.  Ironically, the claimant is now serving a twelve (12) year prison sentence for manslaughter.  This case illustrates that mere speculation is not enough to deny the claim.

Youtube Channel

I have a Youtube Channel up now. If you look on the left side of my blog, there is  link to it.  I am still experimenting with the video software and learning how to edit it.  In the next few weeks, I will be adding some more videos.  Any feedback, suggestions, or advice is appreciated.  Feel free to email me. 

Entry of Judgments

Rule 5.04 of the Uniform Chancery Court Rules in Mississippi provides as follows:

         "In all litigated actions, the attorney who shall be directed to draw the Judgment
         shall submit the same to opposing counsel for criticism as to form only, and shall present
         the same to the Chancellor within ten (10) calendar days after being directed to draw the
         judgment unless otherwise permitted."

Lots of times the opposing party waits forever on sending the order back.  I think it is a good idea to file a certificate in the court file saying you have complied with the Rule and that the order as written will be entered in ten days if there is no response.  That is of course assuming the order is drafted up pretty quick.   

Exempt From Subpoena

I practice in both Tennessee and Mississippi.  The two end up overlapping a lot.  One issue is Mississippi residents routinely getting medical treatment in Tennessee.  There are many people who under Tennessee law are exempt from subpoenas except for deposition purposes.  This makes them "unavailable" under the Rule of Evidence in my opinion and makes their deposition with the opposing party having a chance to be participate admissions for evidentiary purposes.  T.C.A. Section 24-9-101(a) exempts the following from subpoenas to trial although they are still subject to subpoena for depositions:

•  An officer of the United States;
• An officer of Tennessee;
• An officer of any Tennessee court or municipality;
• The clerk of any court of record other than that in which the suit is pending;
• A member of the Tennessee general assembly while in session, or clerk or officer thereof;
• A practicing physician, physician assistant, advanced practice nurse, psychologist, senior psychological examiner, chiropractor, dentist or attorney;
• A jailer or keeper of a public prison in any county other than that in which the suit is pending; and
•  A custodian of medical records, if such custodian files a copy of the applicable records and an affidavit with the court and follows the procedures provided for producing records as required by law.
• Recently also added nurse practitioners to the list. 

Civil and Criminal Contempt

There are two kinds of contempt in Mississippi:  (1)  civil contempt and (2)  criminal contempt.  Each one has different evidentiary burdens.  One issue I see is that technically most contempt petitions in chancery are for civil contempt as opposed to criminal contempt.  I think in certain circumstances, a petition for criminal contempt may be appropriate.  One has to remember though that this includes a 5th amendment claim by the opposing party where in the criminal context this cannot be held against a party but can be used to draw an inference in the civil context.