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James looks at some of Jeb Bush's moves to increase his popularity on the campaign trail, including his now-famous tweet of his pistol.
My phone is ringing off the hook, as families of federal inmates rush to take advantage of what will be a brief opening of the window to reduce sentences of non-violent offenders. Last December, President Obama commuted the lengthy sentences of eight federal inmates charged with various drug offenses involving cocaine and methamphetamines. Earlier this week, Attorney General Eric Holder announced that the Obama Administration was about to dramatically expand executive clemency for convicted drug offenders. To that end, yesterday, the Administration replaced the “Pardon Attorney” who had been seen as a roadblock to more liberal clemency. The Obama Administration seems to be emphasizing the first standard and even laying down a new, unwritten rule.
What else can we make of the President commuting those eight inmates last December and the Attorney General inviting as many qualified applicants as possible to apply for a reduction of their sentences? A petition for clemency will not necessarily be denied if the inmate fails to meet all the criteria.
In that post, I gave five important tips for preserving the record on appeal and not tripping up your appellate lawyer. If opposing counsel elicits testimony in violation of an evidentiary ruling or makes an improper remark during closing argument, a simple objection may not preserve the error for review, if the trial court gives a curative instruction. Error in the court’s charge is among the most likely sources of reversible error on appeal. The casualness and informality with which proposed jury instructions are handled can also come back to haunt you. It is important to make specific objections, describing the objectionable content and the grounds of the objection, lest the argument be deemed waived.
If you have reason to believe that your opposing counsel will make an improper remark during the closing argument, ask the trial judge in advance to caution opposing counsel against making it. However, trial lawyers usually cannot anticipate opposing counsel’s improper closing argument. In summary, be ever vigilant to improper closing argument comments – not just to preserve the record for appeal but to prevent the danger of the jury deciding the case by relying on opposing counsel’s comments that are not supported by the law. If your case is criminal, constitutionalize your objection whenever possible by explicitly asserting both Federal and State constitutional grounds. If a co-party makes an objection or motion and you want to join, state on the record that you join in that objection or motion.  There are many reported cases where a party prevails on appeal but his co-party loses because his trial counsel did not clearly join in the prevailing party’s objection or motion.
If the trial judge responds to your objection by saying something cryptic that you assume means that your objection is overruled, ask the judge to clarify the ruling.  I will never forget the heartbreaking case of Carratelli v.
It is best to renew the motion before the witness who will testify as to the objectionable evidence takes the stand.  If you do not know which witness opposing counsel will use to introduce the evidence, you will just have to be vigilant so that you can object immediately when a witness starts to testify about the contested evidence.
If your motion in limine is definitively granted but, during trial, opposing counsel violates that ruling, you are still required to make a contemporaneous objection.  If the objection is sustained, in most jurisdictions you must move for a mistrial in order to preserve the error for appeal. Author’s Note: I received my law degree, with honors, from the University of Miami Law School in 1981. Appellate lawyers must be both excellent writers and polished orators.  Here, Marcia Silvers argues a homicide case before the Florida Supreme Court.
Your appellate lawyer will write briefs on your behalf in which the facts of the case and the legal arguments are set forth.
For appellate lawyers, the United States Supreme Court is the World Series and Super Bowl rolled into one. In this segment, we will try to provide the information we have found for each of these children. A search of the 1901 and 1911 Irish Census records did not produce any members of this Tinman family. Also, in the 1860 record of the Battlehill Methodist Church there was a Conway Tinman (Battlehill: A Local History, A Church History, by Valerie Ruddell and William Newell, Ruddell Press, Portadown, 2000 -- p.
The only known child of Sarah Lindsay Tinman was her daughter, Sarah Tinman who married William Hinton and was the a€?niecea€? that Alexander met while on his mission, as referred to above. It is clear that they had another daughter, born about 1908, after Alexander returned home from his mission, and she was therefore not mentioned in his journal.
This is all that we have been able to find for Sarah Lindsaya€™s and her daughtera€™s families.
This Bible is now in the possession of Wilson Glass, Grandnephew of Fannie Livingston Lindsay.
With William being married in Jersey in 1859, he seems to have remained in the military for the next several years, and was probably still serving as a soldier at the time that his parents died--mother in 1865, and father in 1866. Eventually William, Alice and Alex returned home where they took up farming on their old home site. In his role as a local farmer, and a leader in the Methodist Church at Battlehill, life continued until 20 Oct.
In the 1901 Irish census, we find William and a€?Fannya€? Lindsay, both listed as aged 62 and Methodists living in Ballintaggart (Richhill, Armagh). In the 1911 Irish census we find the same William and Fanny (ages 73 & 72) still listed as Methodists and still in Ballintaggart (Aghory, Armagh). Between these two dates, William was visited at their old home by his brother Alexander who made many references in his journal to their discussions, including a variety of religious conversations. While the brothers loved each other, it seems apparent that Alexander took his LDS mission very seriously and wanted to convince William of the truthfulness of the restored gospel.

William seems to have had two happy marriages, but was not blessed with children in either one. She would have been about 25 years old when her father died in 1866, and so was old enough to be out on her own. There is a lot of missing information about her and her family, but the two census records give us a great deal of help in filling in some of the gaps. Shortly after their marriage they were posted to India, which was a part of the British Empire at that time and had a fairly large contingent of British soldiers stationed there.
The family retuned from India about 1879, not long after Alexandera€™s departure for for New Zealand, and settled in County Armagh.
In the 1901 Irish census we find this family living at house 8 in Union Street in Portadown, Armagh where they were all listed as Methodists.
His journal contains a number of brief entries showing a warm conviviality and a joy to be reunited with his loved ones in his old home country.
Shortly after this experience Alexander was transfered to England and was only able to communicate with his family by mail thereafter.
In the 1911 Irish census we find this family living in house 14 Union Street, Portadown, Armagh. In addition to the above information, there is a note that Mary Ann had been married for only 9 years; had born 5 children, 3 of whom were still living. We do not know of Elizabeth or William ever marrying, and we do not know what became of little Sarah, but it is possible that she had a family of her own with descendants somewhere today. Our family records indicated that Mary Ann died about 1910, but it is apparent from the 1911 census that she was still alive at that time. She was still a young woman at that time and one wonders what happened to end her life while just entering her prime. The three death dates always match, and in each one he says she was 31 years old when she died. In the 1860 roll for the members of the Battlehill Methodist Church, Dorothy Lindsaya€™s name appears as a member of the group that was led by her father, John Lindsay. Dorothy grew up in the Lindsay home in Ballintaggart on the Loughgall Road with her other siblings. Dorothya€™s marriage may have taken place while Alexander was away as a soldier in the British Army, but he married and returned to this area in time to know Dorothya€™s two little boys when they were very young.
Early on, the Holmes family moved to the townland of Clonroot, which is immediately adjacent to, on the west side of, Battlehill, which is adjacent to, and on the west side of, Ballintaggart, so they were very close to the rest of the family. Upon his return to Ireland as a missionary for the Church of Jesus Christ of Latter-day Saints in 1904-5, Alexander Lindsay visited with his brother William, and his sister, Mary Ann, to get caught up on all the changes that had occurred while he was away in New Zealand, and in Oregon, over the past 26 years.
While he was surely saddened to miss most of his siblings, he did get a chance to rekindle some relationships with the next generation, including his nephew, William Holmes. Shortly after this last visit with William Holmes, Alexander was transferred to England for the remainder of his mission. In the 1911 Irish census we find William still living alone in the 19th house enumerated in Clonroot, Kilmore Parish, Co.
Although William Holmes was still single in the 1911 census, he did eventually marry on 3 March 1920, in Ahorey, Co., Armagh, Ireland to Margaret Edgar, the daughter of Thomas Edgar.
As has been mentioned several times already, Alex was the youngest of eight children born to John Lindsay and Mary Donaghy. After returning to Ireland, and probably with the discharge of William from the Army, Alexander then enlisted for his own tour.
So, in the fall of 1878, with their baby just a few weeks old, Alex and Mary set sail on an old sailing vessel, which went south around the Cape of Good Hope in Africa, and then eastward to New Zealand.
They Lindsays homesteaded land in their new country and from time to time traded up for larger tracts until they eventually bought 640 acres of land near Towai, Bay of Islands, on the North Island. In 1897 missionaries from the Church of Jesus Christ of Latter-day Saints came to this area and eventually the Lindsays were taught the gospel and were baptized into this church. After returning home to LaGrande, Alex and Mary had a wonderful life together watching their children grow up, marry and raise children of their own. From the eight children (four daughters and four sons) of John Lindsay and Mary Donaghy, they had about nineteen known grandchildren. In this segment, we will try to provide the information we have found for each of these children.A  Much of this information comes from Alexander Lindsaya€™s Journal which he kept when he returned to the place of his birth on a two years mission (1904-1906) for the LDS Church and will be referred to as a€?ALJa€? {The Alexander Lindsay Journals 1903-1906, transcribed by Larry E. Sarah Lindsay--born 1837, was the oldest child of this family.A  She married Edward Tinman (date unknown but probably between 1860-64) {ALJ p.
In the 1901 Irish census, we find William and a€?Fannya€? Lindsay, both listed as aged 62 and Methodists living in Ballintaggart (Richhill, Armagh).A A  In this census she said she too was born in Co. William seems to have had two happy marriages, but was not blessed with children in either one.A  He passed away on 30 Dec. Mary Ann Lindsay--was born in 1841 (no actual date specified).A  At age 19 her name was listed as one of the members of the Battlehill Methodist Church, of which her father, John Lindsay, was then the Group Leader [Battlehill Church History p. In the 1901 Irish census we find this family living at house 8 in Union Street in Portadown, Armagh where they were all listed as Methodists.A  Mary Ann was listed as being a widowed house keeper, aged 60 and the three children between ages 18-22 with the two girls as a€?Drawer in Factorya€? and the son was a weaver. There’s a new “Get Out of Jail” card issued by the Obama Administration, but it may last only as long as the current Presidency…about 20 months. Charged with various drug offenses – mostly possession with intent to distribute – one defendant was sentenced to 20 years in prison, another 24 years, and several received life imprisonment. For example, someone who has served less than 10 years might still have an excellent chance if he or she fulfills the other criteria.

There is no guarantee that the next President – whether Democrat or Republican – will continue this new, more liberal policy. If your objection involves a rule or statute, it is always best to identify the rule or statute so that there is no question as to the grounds. I am admitted to practice in the courts of Florida, the United States Supreme Court, eight federal courts of appeal, and several federal district courts.  I have won a wide variety of cases – many high profile – from homicide to white collar crime, Internet pornography to Medicaid fraud, drug offenses to tax evasion and money laundering.
Briefs are arguments read by the judges and their law clerks before a decision is made as to whether a request for an oral argument will be granted.
10, 1905 --This morn after dressing I went to meet my Niece [this would be Sarah Tinman Hinton, who was then living in Belfast, and was the daughter of Sarah Lindsay Tinman] at the 9 Oa€™c train and her two children, bringing them home to breakfast, and then went on to M. 9, 1905 -- Accompanied by Elder Scott I paid my promised visit to my new found Niece [Sarah Tinman Hinton]. 14 May 1905 -- This morning my companion and I went out as far as Clonroot to pay our promised visit to Willie Holmes. 11 June 1905 -- Another Saboth [sic] day, going out as far as Clonroot, and I may say we all spent a very enjoyable time.
Keelya€? and had this girl--born about 1906.A  Remember too that Alexander referred to his niece as Mrs. Thanks to the President’s commutation of sentence orders, all were scheduled to be released last week.
For that reason, among others, it is very important that your appellate lawyer be able to write clearly and persuasively. You don’t want an appeals lawyer who takes on too many cases because he or she has set fees too low.
There is virtually no criminal offense I have not encountered in my three decades of practice, mainly in appellate and post-conviction litigation.  Visit my home page for more details. 1920.A  His widow, Fannie, continued to reside in the old Lindsay home until her passing on 7 Aug. 207].A A  She may have known him in her earlier years and may have married when he was on leave from the Army, as we believe he was a soldier. Nugent, and her two daughters, Lizzie and Sarah.A  Sarah was already married by this date, and she was the a€?Mrs. 10, 1905 -- This morning found all the Elders ready for Con[ference].A  Roy went and met Sis. Nugentsa€™s [Mary Ann Lindsay Nugent--another sister of Alexandar Lindsay who was then living in Portadown], talked some time and then proceeded out as far as Wma€™s [Alexa€™s older brother, William Lindsay] calling in on the way to see Mr. Little Eddie Hinton [age about 10] just alls in on me just now.A  Hea€™s on a visit to his Aunt Mrs. The new Pardon Attorney, Deborah Leff, is a senior Justice Department attorney who has devoted her career to championing fair sentencing rights. You want an assertive warrior, someone who will enthusiastically carry your spear into battle. A lengthy transcript, multiple defendants, and complex legal issues are all such factors. Experienced appellate lawyers are both more knowledgeable and more efficient at reviewing transcripts, isolating and researching legal issues, writing briefs, and orally arguing the case. Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. This is VERY GOOD NEWS for federal inmates, imprisoned for non-violent offenses, particularly drug crimes. Overall, since becoming President, he has granted only nine out of 10,490 commutation of sentence petitions. Tinman [Thomas Tinman--brother of Edward] and his daughter made me feel at home and asked me to call every time I could. Hinton asking me to bring Eddy with me to Belfast tomorrow, so I got supper and went out into the country to tell the folks, and they treated me fine and asked me to call as often as I passed. Tinman [Thomas Tinman--brother of Edward] and his daughter made me feel at home and asked me to call every time I could.A  {ALJ p. Elder Lindsay of the Church of Jesus Christ of Latter day Saints and I may say that we had a spiritual feast.A  The Lord has greatly blessed me in all ways for which I am truly grateful. The presence of hyperlinks to other third-party websites does not imply that the firm endorses those websites, their contents, or the activities or views of their owners. 1877, after living with her husband for 18 years, two months, and sixteen days, aged 36 yrs. We then bid them good bye coming on with their invitation ringing in our ears to be sure and come again which we promised to do if possible. 1848 date for her birth, which means that she would have been just past her 33 birthday at the time of her death on 14 Feb.
Hewitt and family good bye, we started on our return to Portadown Accompanied part of the way by Mr. Willie Holmes my Sister Dolliea€™s Son, arriving here about 11 Oa€™c pretty tired but highly elated at the successful termination of my first meeting with the people of Conroot.

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