Reading
January 10, 2020 § 1 Comment
The Yellow House by Sarah M. Broom. This memoir of a black family in New Orleans East is at its core an everyman tale of wants and unmet needs, of dreams and expectations, of joys and disappointments, of high hopes and entropy, and ultimately of disaster and survival. To understand this family one must understand the house in which it lives and breathes and has its being, and the house’s relationship to it, and the relationship they have with each other, and with their neighborhood and city and the culture, and how the family gradually unravelled yet held together as the house decayed and was destroyed. Winner of the 2019 National Book Award. Highly recommended. Non-fiction.
The Cadaver King and the Country Dentist by Radley Balko and Tucker Carrington. Disturbing account of the rise and fall of pathologist Steven Hayne, who improbably performed thousands of autopsies a year, and dentist Michael West, who made a successful career claiming to identify perpetrators by teeth marks, and their impact on the Mississippi criminal justice system. The book principally focuses on the convictions of two men, Kennedy Brewer and Levon Brooks, who spent years in prison based on Hayne’s and West’s testimony until their ultimate exoneration. Non-fiction.
The Silent Patient by Alex Michaelides. An Englishwoman is charged with murdering her husband and then goes silent. Instead of being convicted, she is declared insane and is institutionalized. A psychotherapist takes on the task of getting her to talk. What has she been hiding with her silence? What does she have to say? The answers come with a surprising twist. An easy, entertaining read and NY Times best-seller. Fiction.
Ghost Soldiers by Hampton Sides. With the American army sweeping inexorably across Luzon in the Philippines toward Manila in 1944, Japanese soldiers burned alive 150 American prisoners of war at a prison camp on Palawan. Fearing a similar execution of 500 survivors of the Bataan death march at the Cabanatuan POW camp, a force of 120 American Rangers was sent deep behind enemy lines on a covert mission to save them. This is the story of the dangerous and daring rescue. The 2005 movie, The Great Raid, was based in part on this book. Non-fiction.
Manila Espionage by Claire Phillips. Medicine and food was smuggled in to the prisoners at Cabanatuan by a mysterious woman code-named “High Pockets.” She was an American, Claire Phillips, who posed as an Italian woman running a night club in Manila that was a favorite hang-out for Japanese military officers, officials, and businessmen from whom she extracted valuable intelligence that she passed on to Americans and Filipino guerillas. She spent much of her profit to help the American prisoners and Filipino guerillas. Later arrested, tortured, and imprisoned, she refused to betray her accomplices. After the war she was awarded the Medal of Freedom and $1.3 million for her services. This is her story. Non-fiction.
The Magic of Reality by Richard Dawkins. Ultra-realist and non-believer Dawkins employs science, facts, and logic to answer questions such as what is magic, when and how did everything begin, and what is a miracle, among others. Not recommended for readers who do not care to have their beliefs and preconceptions challenged. Non-fiction.
The Judge Hunter by Christopher Buckley. In 1664, after the Restoration of Charles II, Samuel Pepys’s brother-in-law, nicknamed “Balty,” is dispatched to America to hunt down and arrest two of the judges who signed the death warrant for Charles I that resulted in his execution. Balty soon finds himself tangled in intrigues and a larger stratagem that changes the course of history. Based in part on the diaries of Samuel Pepys. Witty and well-written, not just for history nerds. Fiction.
The Mississippi Secession Convention by Timothy R. Smith. Secession was a sure thing when Mississippi delegates convened in Jackson after Lincoln’s 1860 election. But what form would it take? Negotiate for concessions? An ultimatum? Wait and see? Follow other seceding states? The debate and profiles of the delegates are limned out in detail. Anyone who clings to the notion that the Civil War was not about slavery should read this book and Mississippi’s Declaration of the Causes of Secession authored by L.Q.C. Lamar. Non-fiction.
Chasing the Scream by Johann Haari. The story of the drug war, from its earliest days 100 years ago to now, its failure, the corruption and illegal cartels it has spawned, and the human wreckage it has produced. Non-fiction.
A Sand County Almanac and Sketches Here and There by Aldo Leopold. One of the earliest conservationists, professor Leopold chronicled the changing seasons on his farm in Wisconsin in near-poetic prose that reveals the majesty and marvel of nature. Included with his almanac are some of his essays on ecology and conservation. Non-fiction.
Life and Fate by Vasily Grossman. Novel of the WWII siege of Stalingrad through the eyes of several civilians and soldiers. Grossman, who was the first allied journalist to enter and report about a liberated German death camp, intended his novel to be the Soviet War and Peace. Instead, it was banned and all copies, and even the typewriter ribbons on which they were typed, were confiscated by the KGB due to the parallels the book draws between Hitler and Stalin and the two countries’ slave-labor and death camps. But a manuscript was smuggled to the west and published in 1980, 16 years after the author’s death. This book is an immense slog of 871 pages (only about half the length of Tolstoy’s opus, though) in paperback, recommended for the most dedicated of readers only. Fiction.
Is a Step-Grandparent a Grandparent?
January 8, 2020 § Leave a comment
Not for grandparent visitation purposes, says the MSSC.
That was one of the holdings of the court in the case of Garner (aka Garcia) v. Garner, decided October 3, 2019.
In that case, the chancellor modified custody of Andrew, awarding an uncle custody, and allowed visitation with the maternal grandparents, Judi and Ron. Ron was the child’s step-grandfather. The mother, April, appealed.
Justice Griffis wrote for a 5-4 court:
¶85. The chancellor determined that Andrew’s best interests would be served by allowing visitation with his maternal grandparents, Judi and Ron. April argues the chancellor erred by awarding grandparent visitation to Ron. She does not contest or appeal the chancellor’s award of grandparent visitation to Judi.
¶86. April asserts that Ron does not meet the statutory criteria for grandparent visitation because he is a step-grandparent. Whether a step-grandparent has a right to petition to seek visitation with the child depends entirely on whether he or she is a “grandparent” within the
meaning of Mississippi Code Section 93-16-3 (Rev. 2018). This presents an issue of statutory interpretation, which is reviewed de novo. T.T.W. v. C.C., 839 So. 2d 501, 503 (Miss. 2003).
¶87. Grandparents do not possess a common-law right of visitation. Smith v. Wilson, 90 So. 3d 51, 58-59 (Miss. 2012). Such a right is purely statutory. Section 93-16-3 provides,
(1) Whenever a court of this state enters a decree or order awarding custody of a minor child to one (1) of the parents of the child or terminating the parental rights of one (1) of the parents of a minor child, or whenever one (1) of the parents of a minor child dies, either parent of the child’s parents may petition the court in which the decree or order was rendered or, in the case of the death of a parent, petition the chancery court in the county in which the child resides, and seek visitation rights with the child.
(2) Any grandparent who is not authorized to petition for visitation rights pursuant to subsection (1) of this section may petition the chancery court and seek visitation rights with his or her grandchild, and the court may grant visitation rights to the grandparent, provided the court finds:
(a) That the grandparent of the child had established a viable relationship with the child and the parent or custodian of the child unreasonably denied the grandparent visitation rights with the child; and
(b) That visitation rights of the grandparent with the child would be in the best interests of the child.
Miss. Code Ann. § 93-16-3 (Rev. 2018).
¶88. Section 93-16-3 does not expressly define “grandparent,” but it does refer to a grandparent as the “parent of a child’s parent.” Miss. Code Ann. § 93-16-3(1). Notably, no reference is made to a step-grandparent in the statute.
¶89. In Lott v. Alexander, 134 So. 3d 369, 374 (Miss. Ct. App. 2014), the court reversed the chancellor’s award of visitation to great-grandparents. The court noted that “[n]either subsection one or two of 93-16-3 purports to authorize visitation awards to greatgrandparents.” Id. at 372. The court found that “[g]iving the term ‘grandparent’ its plain and ordinary meaning, the intent of the Legislature is clear and unambiguous.” Id. at 373. As a result, the court found it “lack[ed] authority to add words or meaning to a statute that is plain on its face.” Id. at 374. Additionally, in Pruitt v. Payne, 14 So. 3d 806, 811 (Miss. Ct. App. 2009), the court found a stepfather “ha[d] no right to visitation with his stepchildren under the laws of the State of Mississippi.”
¶90. Here, as in Lott, “[n]either subsection one or two of [Section] 93-16-3 purports to authorize visitation awards to [step]-grandparents.” Id. at 372. This Court does not have the “authority to write into the statute something which the Legislature did not itself write therein, nor can [this Court] ingraft upon it any exception not done by the lawmaking department of the government.” Id. at 373 (quoting Wallace v. Town of Raleigh, 815 So. 29 2d 1203, 1208 (Miss. 2002)). “While the Legislature has chosen to extend visitation rights to grandparents by statute, they have declined to extend that same right to step[-grandparents].” Pruitt, 14 So. 3d at 811.
¶91. Because Ron, as Andrew’s step-grandparent, does not meet the criteria of a “grandparent” under Section 93-16-3, the chancellor erred by granting Ron grandparent visitation rights with Andrew. [Fn 11] Accordingly, we reverse and render on this issue.
[Fn 11] Although Ron has no legal right to grandparent visitation under Section 93-16-3, nothing in Section 93-16-3 prevents Ron from visiting or having a relationship with Andrew. “[T]the more familial bonds a child has is generally better for the child . . . .” Lott, 134 So. 3d at 374 (quoting Cole v. Thomas, 735 S.W.2d 333, 335 (Ky. Ct. App. 1987)).
You probably were scratching your head as I was over what difference this ruling would make for Ron. He would undoubtedly get to see and visit with the child when Judi had him, and most likely any other time he wanted, because he, Judi, and the uncle were allied in this case (and then the court pointed that out in Fn 11).
The difference here is the case’s precedential value. Now Mississippi law is that step-grandparents are not grandparents for purposes of the grandparent visitation statute.
Justice King wrote a sharp dissent.
A Couple of MEC Points
January 7, 2020 § Leave a comment
Effective yesterday, MEC will allow you to file a combined guardianship/conservatorship. And the civil cover sheet has been amended to add that category for both MEC and non-MEC filers.
Also, MEC does not allow a petition to approve a minor’s settlement to be filed in a conservatorship (reminder: GAP Act term for guardianship of the estate). When the order or judgment approving the settlement is filed, MEC wants to close the file, which can not be done because the conservatorship must remain open. If the order or judgment is filed and the case is not closed, then the order or judgment is not final according to MEC, which means that the clerk can not collect the fee, and the case is not final in the district’s stats. So, you need to file two separate actions with two separate filing fees.
“Quote Unquote”
January 3, 2020 § 2 Comments
“The greater part of what my neighbors call good I believe in my soul to be bad, and if I repent of anything , it is very likely to be my good behavior. What demon possessed me that I behaved so well?” – Henry David Thoreau
“”How far should one accept the rules of the society in which one lives? To put it another way: at which point does conformity become corruption? Only by asking such questions does the conscience define itself.” – Kenneth Tynan
“I will not do that which my conscience tells me is wrong to gain the huzzahs of thousands, or the daily praise of all the papers which come from the press; I will not avoid doing what I think is right, though it should draw on me the whole artillery that falsehood and malice can invent, or the credulity a deluded populace can swallow.” – William Murray, Earl of Mansfield, Lord Chief Justice of England
Looking Ahead to 2020
December 30, 2019 § Leave a comment
If hindsight is, indeed 2020, then it follows that 2020 should be the year of hindsight, right?
But we do have some things to look forward to in 2020. So using foresight, here are some:
- A slew of amended MRCP. The Supreme Court Civil Rules Advisory Committee has been busy over the past two years studying and revising the MRCP and Advisory Committee Notes to make them more functional, to address problems that have surfaced since the rules were adopted in 1982, and to clear up inconsistencies. The committee has sent a number of proposed amended rules up to the MSSC, and already the court has published an amended Rule 26. Look for plenty more in 2020. In fact, go to courts.ms.gov and click on Research/Rules/ Rules for Comment and you’ll see many there now for your study and comment. I encourage you to add your thoughtful comments. The end result of the changes will be more clarity and functionality.
- New chancery court rules (UCCR). In October, the Conference of Chancery Judges unanimously approved new, revised UCCR and filed a motion with the MSSC to adopt them. If the court does adopt them, the several of you who do read and try to follow them will find them more accessible, clearer, updated, and consistent in form.
- The GAP Act. It will be a new era for guardianships and conservatorships. Gone will be the confusing and sometimes contradictory web of statutes, replaced by a more streamlined system with clearer nomenclature and procedures. Yes, there will be a learning curve, and, yes, there are some tweaks that must be done in the upcoming legislative session to address some questions, but overall it will be an improvement.
- Bell on Mississippi Family Law. Professor Bell is working on the third edition of her treatise, and it should be out in the new year.
- New law every Tuesday and Thursday. For those of you who have bemoaned developments like those mentioned above, don’t forget that the law is ever-changing and evolving. Always has been and always will. If you question that, just read the hand-downs from the COA and MSSC every Tuesday and Thursday. There you will find weekly revelations, some of which challenge or even wipe out your long-held legal assumptions.
Beef and Barley Soup
December 23, 2019 § 1 Comment
I haven’t shared a recipe in ages, but I have fixed this dish and found it so hearty and insanely delicious that I thought it a most humane thing to share. Enjoy.
BEEF AND BARLEY SOUP
6 large, meaty beef short ribs
3 celery stalks
1 onion
1 bell pepper
2 large carrots, scrubbed, not peeled
2 medium parsnips, scrubbed, not peeled
3 tbsp. vegetable oil or other high-temperature cooking oil
4 oz. whole white mushrooms
4 oz. porcini or shiitake (stems removed) mushrooms
3/4 cup barley
2-3 qts. beef broth
1 bay leaf
water as needed
salt and black pepper
Pat the short ribs dry and season them with salt. Leave them at room temperature at least one hour, but not longer than two hours. They should be at room temperature when they are cooked.
Coarsely chop the onion, bell pepper, celery, carrots, and parsnips.
Pour the oil into a heavy Dutch oven and bring to a shimmer over medium-high heat. Brown the short ribs two at a time, removing them when browned on all sides. Remove the short ribs and set aside.
Lower the heat under the Dutch oven to medium and add the carrots and parsnips, stirring enough to keep them from burning. When the vegetables begin to soften, add the onions, bell pepper, and celery. Cook until the onion begins to turn translucent.
Add ribs back to the pot, along with the barley, and beef broth. Top with the mushrooms. Add salt and pepper to taste. Bring to a boil. Lower to simmer and then taste, adjusting salt and pepper as needed. Simmer for 2 1/2 hours.
As the mixture simmers, a froth may rise to the top. You may skim it off or stir it in, as you prefer.
The soup is done when the meat is pulling off of the bone. Before serving, remove the bay leaf.
Serve one rib to a bowl of soup, or meat may be shredded from the bone for ease of serving.
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This soup improves overnight and is best served reheated the day after making it.
You will have an easier time browning the meat by doing at most two at a time; more and the pieces can steam, thwarting the caramelization process.
You may question whether some herbs or spices wouldn’t add lots more flavor. Maybe they would. Try some yourself. But that blend of onions, celery, bell pepper, parsnips, and onions adds a savory flavor that doesn’t require much embellishment.
Add more barley for a thicker soup.
Add beef broth or water as needed to thin or extend the soup.
Be sure to chop the vegetables coarsely. A mince or fine chop will result in vegetables that simply disappear in the cooking process.
Dried mushrooms add much flavor. If you use them, reserve the mushroom water and use it to replace some of the beef broth, but be sure to strain the water through a coffee filter to remove grit and debris.
I based this recipe on an internet recipe, but made my own changes. You are essentially braising the ribs; the soup is the delicious braising liquid. As with all braises, the meat will be fall-off-the-bone tender, so you won’t need to buy boneless ribs for eatability. Besides, meat on the bone has so much more flavor.
GAP Act Forms
December 20, 2019 § Leave a comment
The GAP Act forms published by the MSSC are now available on the Mississippi Judicial College web site.
Click on this link to access them. I will also add a page with the link at the GAP Act materials tab on this site.
