Latest news with #AlabamaAttorneyGeneral'sOffice
Miami Herald
a day ago
- Business
- Miami Herald
Builder promised ‘dream pools,' but bilked customers out of $600K, AL officials say
An Alabama-based contractor promised to build beautiful pools for multiple customers, but after receiving their deposits, he never returned to finish the jobs, officials said. Now, Gregory Kirk is sentenced to 20 years in prison after pleading guilty to multiple property crimes in which he stole more than $600,000 from customers, the Alabama Attorney General's Office said in a June 3 news release. McClatchy News reached out to Pristine Pools LLC on June 6 but did not receive an immediate response. According to court records, Kirk ran pool construction businesses in Madison County under different names, WHNT reported. He filed for bankruptcy after receiving thousands of dollars for projects and then opened another similar business under a different name, without finishing previous projects, the outlet reported. 'Several consumers entrusted Kirk with large sums of money, hoping to build their dream pools. Instead, they were met with heartbreak,' Attorney General Steve Marshall said in the release. 'He betrayed their trust, deceived them, and stole their hard-earned savings.' Officials said he forged a contractor's license, used a fake building permit and fraudulently used a customer's credit card. Madison County is about a 110-mile drive northeast from Birmingham.
Yahoo
2 days ago
- General
- Yahoo
State wants more time to challenge Mac Marquette self-defense claim
HUNTSVILLE, Ala. (WHNT) — Tuesday was the deadline set by the Alabama Court of Criminal Appeals for the prosecution to file its response to the self-defense appeal of former Decatur Police Department Officer Mac Marquette. But the Alabama Attorney General's Office, which handles criminal appeals, asked the appeals court for 21 additional days to submit its filing. 'Help Ronnie's kids find joy amidst tragedy': Dumas family PI sets up GoFundMe for kids to attend summer camp Marquette is charged with murder in the on-duty shooting death of Stephen Perkins outside Perkins' Decatur home in September 2023 during a botched truck repossession. Perkins had reportedly pulled a gun on the truck driver earlier that evening. After that, the driver asked police to escort him, according to testimony at Marquette's immunity self-defense hearing in March. Testimony also showed officers agreed to go to Perkins' house, but they did not go to the door or make their presence known. Security footage from a neighbor's home shows Marquette hid near the side of Perkins' house and emerged as Perkins was pointing his gun at the repo truck driver. He yelled 'police' and ordered Perkins to get on the ground, body camera footage shows. Perkins turned toward Marquette and the then-officer fired multiple shots within two seconds of issuing the command. The defense has argued that Marquette was acting in self-defense when he shot Perkins. A Morgan County Circuit Court judge in late March denied Marquette's self-defense claim, finding that officers were not conducting an investigation at the time of the deadly encounter with Perkins. Under Alabama law, a person is justified in using deadly force if they have a reasonable belief that deadly force is about to be used against them or someone else. If the trial court had found Marquette acted in self-defense, the murder case would be over. Muscle Shoals man sentenced for stealing over $600,000 as pool contractor Marquette appealed the trial court's ruling to the Alabama Court of Criminal Appeals in May. In that filing, his lawyers argue Perkins pointed his gun at Marquette, that Marquette feared for his life and that an ALEA investigator found Perkins was the aggressor that evening. In requesting more time for its response to Marquette's appeal, the Alabama Attorney General's Office said it is currently involved in complex cases before the Alabama Supreme Court and the courts of Civil Appeals and Criminal Appeals. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
3 days ago
- General
- Yahoo
Former Justice Jay Mitchell announces run for Alabama AG
Alabama Supreme Court Justice Jay Mitchell listens to Gov. Kay Ivey deliver the State of the State address in the Old House Chamber at the Alabama State Capitol on Feb. 4, 2025 in Montgomery, Alabama. (Will McClelland for Alabama Reflector) Former Alabama Supreme Court Justice Jay Mitchell announced Monday he is campaigning for the Alabama Attorney General's Office. Mitchell, a Republican who served on the Alabama Supreme Court from 2019 until his resignation in May, said in a statement that he is a 'proven conservative and a warrior for President Donald J. Trump and the America First agenda' and is running to 'stop the lawlessness, restore order, and dismantle Joe Biden's radical left wing policies.' 'This isn't just my race – it's our fight for Alabama's future. I'll take on the radical left, advance the Trump agenda, and never stop fighting for our state,' Mitchell said in a statement. He describes himself as a 'law and order conservative with the guts to protect our Constitution' in the campaign launch video. Mitchell claimed a 'tough-on-crime approach to law and order' in his campaign announcement. Mitchell also said he plans to 'aggressively pursue mass deportations.' His campaign video stated that Mitchell 'will work with President Trump to make Alabama the state criminals and illegals hate most.' On social issues, Mitchell said he would 'defend the sanctity of life' and 'fight the woke agenda,' saying that 'no matter the cost, I will stand firm to protect the unborn.' Mitchell in February 2024 wrote the majority opinion ruling that frozen embryos outside the womb are 'children,' forcing several in-vitro fertilization (IVF) providers in Alabama to pause services temporarily. Mitchell wrote that there was no exception for frozen embryos under an 1872 law allowing civil lawsuits for the wrongful death of children, or under a 2018 state constitutional amendment that required the state to 'ensure the protection of the rights of the unborn child.' 'The upshot here is that the phrase 'minor child' means the same thing in the Wrongful Death of a Minor Act as it does in everyday parlance: 'an unborn or recently born' individual member of the human species, from fertilization until the age of majority,' Mitchell wrote in the opinion. Attorney General Steve Marshall, who was appointed in 2017 by former Gov. Robert Bentley and reelected in 2018 and 2022, is term-limited but announced he would run for the U.S. Senate. U.S. Sen. Tommy Tuberville, a first-term senator, also announced he would run for governor. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
29-05-2025
- Business
- Yahoo
Alabama may pause redistricting efforts until 2030 to avoid federal oversight
The front of Hugo L Black Courthouse in Birmingham, Alabama on August 15, 2023. (Jemma Stephenson/Alabama Reflector) The Alabama Attorney General's Office said Wednesday the state may forgo drawing new congressional district maps before 2030 to prevent federal oversight of future redistricting. The state made the argument during a meeting with a three-judge federal panel and attorneys for plaintiffs who successfully challenged two congressional maps drawn by the Legislature in 2021 and 2023 that the panel said earlier this month showed intentional discrimination against Black voters. The plaintiffs asked the panel to consider preclearance under the Voting Rights Act as a possible remedy. Preclearance would require federal approval of any changes to election laws. Alabama was subject to preclearance from 1965 to 2013, when the U.S. Supreme Court struck down the relevant section of the Voting Rights Act that dictated preclearance for areas with histories of voting discrimination. But the law does allow courts to impose it as a remedy. Less than two hours before Wednesday's hearing, attorneys for the state filed a court document stating that while they 'maintain their arguments about the necessity and constitutionality of any remedial plan,' legislative leaders 'will voluntarily forgo any rights that they may have to attempt to draw an additional congressional district map as part of remedial proceedings in this case.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX 'We have been talking to the state about the possibility of perhaps resolving some or all of the remedial issues in this case, and that we would like the court to give us an opportunity to continue to have those discussions if they prove fruitful,' said Deuel Ross, an attorney with the NAACP Legal Defense Fund representing the plaintiffs, during the status conference. Federal court: Alabama Legislature intentionally discriminated against Black voters in redistricting Jim Davis of the Alabama Attorney General's Office said during the status conference that, though subject to appeal, the state agrees that the map drawn by a special master would be the final remedial map. 'There have been a few discussions,' Davis said to the three-judge panel. 'It's possible that it could influence the briefing, possibly even resolve some issues.' A message seeking comment was left Wednesday with the Alabama Attorney General's office. The three-judge panel set a June 9 deadline for parties to file a joint written report on the status of the case and the possibility of resolving outstanding issues, including a request to place Alabama back into federal preclearance. 'Either we're going to sort of settle things and resolve this case, or we're going to continue on with our request for preclearance in this,' Ross said in a phone interview after the status conference. The federal court ruling found that the Alabama Legislature had ignored previous orders to create a congressional map with two districts where Black voters would have a substantial opportunity to elect their preferred candidate. Alabama has had at least one majority-Black U.S. House district – the 7th – since 1992, but plaintiffs argued that it failed to give proper representation to Black Alabamians, who make up about 27% of the state's population but, with a single majority-Black district, only made up 14% of Alabama's U.S. House delegation. The three-judge panel struck down the 2021 map in 2022, ruling that racially polarized voting in Alabama meant that Black Alabamians could not select their preferred leaders. The judges ordered the state to draw a new map, a move the U.S. Supreme Court upheld in 2023. That summer, the Republican-controlled Legislature approved a map with one majority Black district and one district that was 40% Black. The judges sharply criticized the Legislature and appointed a special master who drew a map where two of Alabama's seven U.S. House districts — the 2nd and the 7th – have majority-Black or near-majority Black populations. This map was used in the 2024 elections, resulting in the first time in history that Alabama elected two Black U.S. Representatives simultaneously. The court Wednesday also provided a hearing schedule for the preclearance issue if a settlement is not reached. The state would file its brief by June 16, and the plaintiffs would have until June 23 to respond. Intervening legislative defendants would have until June 27 to file a reply. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
14-04-2025
- Yahoo
Federal appeals court upholds ruling against Alabama panhandling laws
A homeless man sleeping on the street. A three-judge panel of the U.S. 11th Circuit Court of Appeals last week upheld a lower court ruling that declared two Alabama panhandling laws unconstitutional. (Kypros/Getty Images) A three-judge panel of the U.S. 11th Circuit Court of Appeals last week upheld a lower court ruling that found two Alabama laws criminalizing panhandling unconstitutional. Citing existing legal precedents, U.S. Circuit Judge Elizabeth L. Branch wrote in the unanimous opinion that First Amendment protections of speech apply to the act of begging. 'Thus, the begging statute's applications, which are solely to begging, are impermissible, and the pedestrian solicitation statute's applications, which are to begging and other constitutionally protected speech, are impermissible,' Branch stated in her opinion. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Messages were sent to Alabama Law Enforcement Agency, the defendant in the lawsuit. Messages were also left with the Alabama Attorney General's Office, which represented the state, and the Southern Poverty Law Center, which represented plaintiff Jonathan Singleton, and others in the suit. The initial lawsuit challenged two statutes. The first prohibits a person from standing on the highway and asking those in a vehicle for money, a job or other 'business.' Violating that statute is punishable by up to 10 days in jail and a $100 fine. The second prevents people from loitering in public spaces 'for the purpose of begging,' which carries a penalty of up to 30 days in jail and a $200 fine. Singleton was cited six times for allegedly violating the laws in Montgomery. A lower court ruled in Singleton's favor in March 2023 and issued a permanent injunction against ALEA's enforcement of the law. The agency appealed the lower court decision to the U.S. 11th Circuit Court of Appeals. Attorneys from the Southern Poverty Law Center, who represented Singleton and the individuals affected, and the Alabama Attorney General's Office argued the case before a panel of three judges with the 11th Circuit in December. Alabama Deputy Solicitor General Robert Overing argued in court that begging specifically is not protected speech based on the First Amendment and that the state could regulate the activity and impose penalties on those who violate rules set by the government. He cited a law passed in the state of New York in 1788 and an action by former President James Madison in 1812 to penalize those who loitered in public spaces. The Southern Poverty Law Center cited Smith v. Fort Lauderdale, a 1999 decision by the 11th Circuit that upheld a local law banning panhandling on part of a sidewalk, but said that panhandling laws must be narrowly tailored to avoid infringing on the First Amendment. The 11th Circuit Court of Appeals then applied that same standard to other cases involving panhandling. The Alabama Legislature revised the statute concerning begging in public places during the 2023 session by approving HB 24, sponsored by Rep. Reed Ingram, R-Matthews, that makes the first arrest for loitering a violation and subsequent infractions a Class C misdemeanor, punishable by up to three months in jail and a $500 fine. SUPPORT: YOU MAKE OUR WORK POSSIBLE
