Bayliss Ruling Creates Questions
Since the Supreme Court of Alabama has reversed the holding in Bayliss,it has raised some issues that the Court will most likely have to address in the near future. The most obvious being how to deal with the fact that in Alabama the age of majority is 19. This age is more than is required for most any adult dealings. For instance, at 18 a male must register for the draft and both sexes are able to register to vote.
By the age of majority being 19 in Alabama, it obligates non-custodial parents to continue child support payments until then or the minor child becomes self-supporting. It raises the interesting question of: now that a noncustodial parent cannot be forced to pay post minority support, why would they have to continue to pay support to a custodial parent in a situation where the 18 year old child is enrolled and attending a university full time?
Child support is paid to the custodial parent, not the child, and is for the maintenance and support of that child. If the child is 18, graduated high school, attending college on a full time basis, and living away from home, why is there a need to pay the custodial parent? Currently there is no provision that would allow direct payment to the minor child in College so that the support may be used as needed by the 18 year old student. Also it must be considered that in most cases even without an order of post minority support most parents gladly assist in college expenses. That parent should not be obligated to pay child support once the 18 year old enters college full time and lives away from home. There are no assurances in place that the child would receive any benefit from that extra year of payments.
The fact is the Court probably can’t resolve this issue because the question only raises more issues. The best solution would be for the Alabama Legislature to reduce the age of majority in Alabama from 19 to 18 as is the case in many other states.
- Published in Divorce
Houston County Investigators Arrest Three for Child Solicitation
According to the Houston County Sheriff’s Department, three men have been arrested and charged with the solicitation of children online for unlawful sex acts as part of an ongoing investigation by local investigators. The most recent to be taken into custody was Douglas Scott Griffith, 38, of Pensacola Florida, who was charged with two felony counts of transmitting obscene material and one felony count of electronic solicitation of a child.
Investigator Aaron Kincaid reports that deputies with the Escambia County Sherrif’s Office served the warrants filed against Griffith and arrested him on Friday morning. Kincaid picked up Griffith on Monday afternoon to bring him back to the Houston County Jail.
Also arrested in this investigation was 24-year-old Trenton Isaac Driver. He was taken into custody last week and charged with two felony counts of transmitting obscene material and a single count of electronic solicitation of a child. Driver had recently graduated from Troy University with a degree in elementary education and just completed an internship at an elementary school in Covington County.
Kincaid reported that in both instances, the charges for transmitting obscene material alleged that the suspects sent naked pictures of themselves to someone who they believed to be a minor.
The first arrest in this undercover operation came on May 1, 2014 when Paul Leo Thaxton II, 40, was charged with felony traveling to meet a child for an unlawful sex act and felony electronic solicitation of a child.
Transmitting obscene material, electronic solicitation of a child, and traveling to meet a child for an unlawful sex act, are all Class B felonies in the state of Alabama and punishable by up to 20 years in prison. If you or someone you know is facing these charges and feel you are “not guilty”, it is important that you contact the Dothan attorneys at Boles Holmes White today.
- Published in Criminal Law
Healthcare Executive Arrested for Child Solicitation
Michael Lee Graue, a top healthcare executive in Atlanta, was arrested by police in Geneva County on charges of child solicitation on May 2, 2014. Officers apprehended Graue in Hartford late Friday night where police say he came to have sex with a 14-year-old girl that he met through an online dating website. Graue has since been terminated from his duties as the senior vice president of Tenant Healthcare.
The arrest occurred at a Hartford restaurant where Graue arranged to meet the 14-year-old girl. He has been charged with soliciting child sex through the use of a computer and traveling to meet an underage child for the purpose of engaging in an illegal sexual activity. Both of these charges are felonies and punishable by up to 20 years in prison under Alabama law. Police Chief Annie Ward says the investigation involving Graue remains open and more charges remain a possibility after his laptop was seized during the arrest.
According to a spokesperson at the Geneva County Jail, Graue has been released from custody after posting a bail of $200,000.
Michael Graue is the third person arrested as part of the Hartford Police Department’s investigation in coordination with the Perverted Justice Foundation. Hartford police also arrested Rex Allen Riley, 21, and Jake Devoy Lewis, 26, within the last eight weeks. Both men were charged with felony traveling to meet a child for an unlawful sex act, electronic solicitation of a child, and felony transmitting obscene material.
- Published in Criminal Law
Dothan Police Make Arrest for Burglary
Jeremy Cordarel McKenzie, 27, of Melondy Lane, was arrested by the Dothan Police department on May 2nd after officers responded to a domestic disturbance in the 800 block of State Avenue.
Investigators say that McKenzie forced his way into a relative’s home after the victim refused to let him in. Once inside the home, McKenzie allegedly assaulted the family member and took several items before leaving the residence. Officers located McKenzie a short period later at another relative’s home where he was taken into custody and charged with felony first-degree burglary.
McKenzie was taken to the Houston County Jail where he is currently being held on $250,000 bail.
First-degree robbery is a Class A felony and is punishable by no less than 10 years and no more than life or 99 years in prison.
In the state of Alabama, a person commits the crime of robbery in the first degree if he violates Section 13A-8-43 and he:
– Is armed with a deadly weapon or dangerous instrument; or
– (2) Causes serious physical injury to another.
– (b) Possession then and there of an article used or fashioned in a manner to lead any person who is present reasonably to believe it to be a deadly weapon or dangerous instrument, or any verbal or other representation by the defendant that he is then and there so armed, is prima facie evidence under subsection (a) of this section that he was so armed.
If you or someone you know has been charged with robbery, it is important that you contact an experienced criminal attorney to handle your case. The attorneys of Boles Holmes White are experienced in a variety of legal matters and have a history of success in the courtroom. Call to schedule a consultation today.
- Published in Criminal Law