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Guest: attorney Kelly Kyle from Kyle Wynn & Associates http://www.kyle-wynn.com/Calls:trust and probatelife insurancepower of attorney and advanced health care directiveslife tennantdementiawhat can go into a trustheirs at lawestate planning - special needs trustPast podcasts with Kelly Kyle 3/27/2018 titled Avoiding Probate  and 3/5/2019 Wills and Probate also 11/26/2019 Revocable Trusts most recenly 3/31/2020 Medical DirectivesIf you’d like some reading material, our guest is a co-author of How to Protect Your Family's Assets from Devastating Nursing Home Costs: Medicaid Secrets, the Mississippi Edition  See acast.com/privacy for privacy and opt-out information.

Guest: André de Gruy, State DefenderAdditional information:Mississippi Bail Fund Collective https://www.peoplesadvocacyinstitute.com/mbfc2019 Mississippi Code Title 99 - Criminal Procedure Chapter 5 - Bail https://law.justia.com/codes/mississippi/2019/title-99/chapter-5/American Bar Association: How Courts Work : Steps in a Trial : bail https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/bail/The Eighth Amendment to the United States Constitution states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” https://constitutioncenter.org/interactive-constitution/interpretation/amendment-viii/clauses/103MISSISSIPPI RULES OF CRIMINAL PROCEDURE https://courts.ms.gov/research/rules/msrulesofcourt/Rules%20of%20Criminal%20Procedure%20Post-070117.pdf2013 Mississippi Code Title 99 - CRIMINAL PROCEDURE Chapter 35 - APPEALS Article 3 - APPEALS TO SUPREME COURT AND RELATED PROCEDURES § 99-35-115 - Bail after conviction of felony; application for emergency hearing upon denial of bail https://law.justia.com/codes/mississippi/2013/title-99/chapter-35/article-3/section-99-35-115Discussion:What does the Office of State Public Defender doWhat is bailHow is bail determinedPosting bailMS Bail CollectiveRena LEE v. Robert "Tot" LAWSON, Sheriff of Pike County, Mississippi https://law.justia.com/cases/mississippi/supreme-court/1979/51628-0.htmlExcessive bailWhen is bail prohibitedTracking those out on bailOut on bail while on appealBail bondsmen regualted by insurance commissionCalls:Bail isn't punishmentBail fund outiside of Hinds CountyBail isn't / shouldn't be punishment What does the State of MS spend on those who aren't out on bailKnow one knows how many people are in jail in Mississippi Virtual Public Briefing The Civil Rights Implications of Cash Bail February 26, 2021 | Washington, DC10: am - 1:40 pm ET* The U.S. Commission on Civil Rights will hold a virtual briefing on February 26, 2021, on bail reform in the United States. The Commission’s investigation seeks to examine the state of bail and pretrial detention practices, including the involvement of the private bail industry, various mechanisms for reform, and the potential regulatory role of the federal government. The Commission will evaluate how cash bail impacts the fair administration of justice and whether it operates in a manner that denies equal protection of the law to individuals on the basis of race or another protected class. At this public briefing, Commissioners will hear from subject matter experts such as government officials, academics, law enforcement professionals, advocates, and impacted persons. The Commission will accept written materials from the public for consideration as we prepare our report; submit to bailreform@usccr.gov no later than March 26, 2021.  LOCATION: The briefing will be live-streamed.  AGENDA: Briefing (expert panels): 10:00 am – 1:40 pm ET*Open Comment Session (public testimony): Written comments submitted to bailreform@usccr.gov by March 26, 2021.  Stay abreast of updates at www.usccr.gov and on Twitter and Facebook. See acast.com/privacy for privacy and opt-out information.

Guest: Associate Dean Stacey Lantagne from the University of Mississippi School of Lawauthor of “Famous on the Internet: The Spectrum of Internet Memes and the Legal Challenge of Evolving Methods of Communication.” How to protect your intellectual Property? Listen and find out.{an idea is NOT able to be copywriten}Calls:Merger doctrine - recipesFair use of imagesArt gets a copywrite; Inventions get patentsGenitic materialPoor Man's Copy ProtectionFlea Market SalesNotice of copywrite?Take a photo of your artBernie Sanders' inauguration mittens help raise $1.8 million for charity : Brendan Smialowski, a photographer with Getty Images, captured the image of Sanders. The photo agency said it will donate proceeds from the photo to Meals on Wheels of America."Weird Al" Yankovic The Saga Begins YouTube Video See acast.com/privacy for privacy and opt-out information.

Guest: Professor Patrick Longan, Chair in Ethics and Professionalism from Mercer University School of Law https://law.mercer.edu/academics/centers/clep/Discussed:Center for Legal Ethics and ProfessionalismChallenges for Lawyerslaw studentsclassestrainingCurrent EventsConfidentialityWillsThe Ideal Lawyer:Is competentShows fidelity to clientShows fidelity to the lawIs public spiritedHas civilityHas practical wisdom Ways Attorneys Get Into Trouble:Trust account abuseNeglect of clientCommitting feloniesEthics attorneys hopeful COVID-19 will prompt changes in remote working rulesThousands of Lawyers, Law Students Push to Disbar Cruz, HawleyDiscipline Them: Lawyers Want Ethics Charges Against AGs Behind Election Challenge See acast.com/privacy for privacy and opt-out information.

Guests: Amelia McGowan and Max Meyers from the Mississippi Center for Justice to discuss Immigration and answer questions. To contact the MS Center for Justice:For the Jackson office call: (601) 352-2269. For the Biloxi office call: (228) 435-7284. To reach the Indianola office call: (662) 887-6570. Their website mscenterforjustice.org/contact/ also has a form to fill out to reach them. DACA Contact form: https://docs.google.com/forms/d/e/1FAIpQLSe4R2ZahNv1iuLL_N4fI1szq0XbbgcXwZGHjAg6HdIhPiIm8g/viewformTopics included:Mississippi immigration situationchallenges faced by undocumented peoplework of the Center for JusticeICE raidshow to reach MS Center for Justicewhat is asylumhow to qualifywhat is DACACalls:gratitudeillegal vs legal entry to countryprofilingcrimes See acast.com/privacy for privacy and opt-out information.

Guest: attorney Marc Chamberlain from the Butler Snow law firm https://www.butlersnow.com/attorney/marc-chamberlain/We discuss strategic lawsuits against public participation. Learn more here: https://www.iadclaw.org/assets/1/17/Business_Litigation_March_2020.pdfWhat are they?Who brings these lawsuits?What's Mississippi's stance on SLAPPs See acast.com/privacy for privacy and opt-out information.

Guest: Attorney Reed Martz from Freeland Martz https://freelandmartz.com/reed-martz/To find state laws about gun rights: https://midsouthgunlawyer.com/welcome-to-the-website-for-the-midsouth-gun-lawyer/or https://www.handgunlaw.us/Calls concerned:2nd amendment and marijuanashootings at protestsrestrictions on buying gunscarrying a gun in a carbuying guns in MScalaber of amunitionAlabama feestravel between statesfire arms in cars See acast.com/privacy for privacy and opt-out information.

Guest: Terry Little from Harper Little https://www.harperlittlelaw.com/Real Estate Closings were discussed before the calls came in.Calls concerned:title theftproperty disclosurehurricane damagemultipe owners of homeencroachmentleaving property by will or deedproperty in IRAheirs propertyEmail about gain in property valueListen to Money Talks discuss real estate investment: http://moneytalks.mpbonline.org/episodes/money-talks-real-estate-investment See acast.com/privacy for privacy and opt-out information.

We begin the show discussing weird state laws https://www.usatoday.com/list/news/nation-now/weirdest-laws-every-state/53ad0541-3518-4432-adc4-0fec193d389e/killing raccoons on Sundaywhat is Bigfootbear wrestlinglegal homicideStatutes, Court ruleings, administrative regulationsMississippi Teacher Strike Statute https://law.justia.com/codes/mississippi/2013/title-37/chapter-9/in-general/section-37-9-75/Canons of Construction https://www.law.uh.edu/faculty/adjunct/dstevenson/2018Spring/CANONS%20OF%20CONSTRUCTION.pdf See acast.com/privacy for privacy and opt-out information.

Election Day!MS Elections Answerline: 1-800-829-6786MS Elections Fraud Hotline: 1-800-829-6786https://www.sos.ms.gov/Elections-Voting/Pages/Contact-Us.aspxTo see a sample ballot for your street address, go to yallvote.ms. This will take you to the MS Sec of State’s website. Scroll down to Poling place locator. Type in your address. Your address should pop up, along with your poling place, and your Circuit Clerk’s name and phone number. Below that is what is on YOUR ballot. Everyone will vote for President and Senator. Your ballot will be different from MY ballot in that You’ll have your US representative, election commissioner and your supreme court justice races listed. Medical marijuana http://inlegalterms.mpbonline.org/episodes/in-legal-terms-initiative-65-and-alternative-65aThe Flag ChangeChange to statewide election of officialsPrevious show with Hinds County Election Commissions Chair http://inlegalterms.mpbonline.org/episodes/in-legal-terms-elections-commissionerThe polls close at 7pm tonight. If you are in line, stay in line so you can vote. If you make a mistake on your ballot ask for a new one. If the machines are down at your polling pace, ask for a paper ballot. There’s an election protection hotline: 1-866-OUR VOTE if you have questions about your rights or trouble voting. Text polls 30330 to find out where to vote. No one may refuse a person the right to vote if that person is legally entitled to vote. _No voter shall be threatened, intimidated, or paid to vote by any person.Voters whose names do not appear on the poll book or who do not have an acceptable form of photo ID are entitled to vote by affidavit ballot. You will then have 5 business days after election day to present a photo id at the Circuit clerk’s office. Voters who require assistance in marking the ballot because of disability, blindness, or an inability to read or write are entitled to receive assistance from a person of the voter’s choice, excluding, a candidate whose name is on the ballot, or a poll watcher who is observing in the polling place on Election Day. Rules prevent people from wearing campaign-related clothes or caps into the polling place. And people campaigning for a person or issue on the ballot must remain 150 feet from the polling place. Sec of State Watson said this rule applies only to signage or clothing pertaining to “anything that’s on the ballot,” but would not prohibit other messaging not directly up for a vote. So any candidate-specific gear like MAGA or Biden hats are prohibited, but generic “Black Lives Matter” T-shirts are permitted.  https://mississippitoday.org/2020/11/02/maga-hats-blm-shirts-what-mississippians-can-and-cant-wear-to-the-polls-and-other-helpful-voting-tips-for-election-day/?fbclid=IwAR1v-wAcghZj8T6eDZeR_Z-myd7-C83hCY7k7MB2kDYY-biu2RToGmQcXf8Calls:memory about protesting poll tax as a childForrest County election issuevoting story REAL ID http://inlegalterms.mpbonline.org/episodes/in-legal-terms-real-idselectoral collegequestionable experiencestory of mom votingstatewide initiativeOxford storyvoting issues See acast.com/privacy for privacy and opt-out information.

Guest: Richard Courtney from Courtney Elder Law Associates https://elderlawms.com/When planning for your own or someone else's disability:P P P PP: People - who needs to be in control "after"P: Place - where do you desire the person to liveP: Paper - documents - trusts, medical directives, etcP: Professional guidence - this isn't a DIY projectSee Mr. Courtney's website for free information https://elderlawms.com/frequently-asked-questions/For attoneys: A Lawyer's Gudie to Working with Special Needs Clients book https://www.americanbar.org/products/inv/book/379427221/ILT podcast dealing with the Americans with Disabilities Act http://inlegalterms.mpbonline.org/episodes/in-legal-terms-adaRichard Courtney on MPB's Money Talks : ABLE Accounts http://moneytalks.mpbonline.org/episodes/money-talks-able-accountsSec.of State Michael Watson on ILT http://inlegalterms.mpbonline.org/episodes/in-legal-terms-secretary-of-state-watsonListener questions:medicaidcollege age childaccess to buildings See acast.com/privacy for privacy and opt-out information.

Guest for the show: Toni Johnson, Hinds County Election Commissioner - ChairInformation about the HINDS County Election Commission http://www.hindscountyms.com/elected-offices/election-commissionMore Information from the Secretary of State's website: Yallvote.msCheck to see if you are registered to vote here Locate your polling place and see your sample ballot hereUpdate your name and address hereStep by step Absentee Voter GuideCOVI-19 FAQ See acast.com/privacy for privacy and opt-out information.

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 trialsAsscociate 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 teamRobert McDuff, Mississippi Center for Justice, Jackson https://mscenterforjustice.org/curtis-flowers/ Article: Atticus Finch with a LaptopCurtis 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 See acast.com/privacy for privacy and opt-out information.

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 HealthAdditional information:For Initiative 65: https://www.medicalmarijuana2020.com/Against Initiative 65: https://www.mississippihorizon.org/Calls:what oversiteconfusing ballotDoctor who is againstsummery of confusing ballotEmails: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.  See acast.com/privacy for privacy and opt-out information.

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 votescreating a lawflag change See acast.com/privacy for privacy and opt-out information.

This was an open show to talk about . . . anything!We discussed:notaries - guidance from the Secretary of State's office websiteStanley Cup Finals websitespecial elections - Who's running where? Sample ballot websitevoting during a pandemicvoter idregistering to votewearing a masknot wearing a mask while votingIn God We TrustAbsentee voting2020 Census call: 1-844-330-2020Deadline to register to vote for the November 3rd 2020 General Election is October 5th, 2020yallvote.ms Sample ballotWant to be a poll worker? sign up here with the Secretary of State's office website. See acast.com/privacy for privacy and opt-out information.

This is an encore of http://inlegalterms.mpbonline.org/episodes/in-legal-terms-expungmentsLearn more about the Mississippi Volunteer Lawyers Project on their website http://www.mvlp.net/ See acast.com/privacy for privacy and opt-out information.

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 MississippiIRS Charities and Not For ProfitsLifecycle of an Exempt Organization Types of Tax Exempt Organizations Annual Filing FormsActivities that could jeopardize a public charity's tax-exempt statusUnrelated Business Income Tax See acast.com/privacy for privacy and opt-out information.

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 CenterDiscussed:ABLE Centerthe definition of having a disability with respect to the ADAthe American's with Disabilities ActWebsites 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.htm2020 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.htmlMississippi's Online Voter Information Center yallvote.sos.ms.gov See acast.com/privacy for privacy and opt-out information.

Guest attorney Tina Seymour Demoran gives an overview of adoption in Mississippi and addresses listener questions.Topics discussed:requirementscostsubsidiesinfant adoptionout of culture adoptionfamily leaveprivacyreversalsinheritancespecial needsMore information:https://www.adoptuskids.org/  Contact: info@adoptuskids.org or adoptms.kids@mdcps.ms.govIRS Topic Number 607--Adoption Credit and Adoption Assistance Program IRS.GovMississippi 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/ See acast.com/privacy for privacy and opt-out information.