Clarke County Democrat

Local judges issue orders contradicting each other




Click here to listen to this article!

An unusual case regarding an impounded vehicle produced opposing orders from two local judges.

The matter came up before District Judge J. R. Morgan after a preliminary hearing on the Dixon murder case June 17.

Elisa A. Matthews and Joesai Carr, both from out of state with no apparent ties to the area, were stopped by Thomasville Police on March 20 driving a converted RV/bus. They were charged with trafficking synthetic drugs, possession of a controlled substance and possession of drug paraphernalia. The RV and $1,500 in cash were impounded by the Thomasville Police Department.

Criminal cases like this routinely initially go to Clarke County District Court

Matthews’ attorney, William K. Bradford of Mobile, had filed a motion to the District Court for her property to be returned, stating there was no legal basis for the seizure and detention and that she needed it as a temporary place to reside so she could return to her permanent place of residence, which turned out to be New York state. “That without the property, the Defendant is destitute and homeless,” Bradford’s motion read.

On the morning of April 15, Presiding Circuit Judge Gaines C. McCorquodale issued an order to return the property to Matthews.

That afternoon, the State of Alabama filed a motion in District Court to set Mc- Corquodale’s order aside, saying “…Judge Mc- Corquodale was, and is, without jurisdiction to enter such an order in a case pending before the District Court of Clarke County. Therefore, this order is a void order.”

Assistant DA Bill Mc- Corquodale filed the motion. The two McCorquodales are related but not closely.

About an hour later, Judge Morgan issued an order for a hearing on Assistant DA McCorquodale’s motion on April 29.

The next day, April 16, Judge McCorquodale issued an order noting that Matthews had been released on bond, was living out of state and temporarily living in the motor vehicle and had no other mode of transportation.

Judge McCorquodale wrote that the order of the court (to return the RV to Matthews) “in no way affects or is related to the underlying criminal cases” but also recognized that the Thomasville Police Department had “chosen to willfully disregard the prior Order of this Court. So that there is no confusion, the Order of the Court remains in full force and effect.

“The order of the District Court seeing the Order of this Court for hearing on April 29, 2021 is hereby quashed.”

Quash in this definition is a legal term meaning to “nullify, void or declare invalid.”

Attorney Bradford then filed for a motion to continue and for a preliminary hearing, noting the defendant was out on bond and residing with her parents in New York state. Bradford asked that any issues related to the seized property be addressed at the same time as the criminal charges. He requested a hearing May 19 but one was not held until June 17.

At that hearing last week, DA Walker and Assistant DA McCorquodale both contended that Judge McCorquodale did not have jurisdiction in the case. Walker also suggested that former Sheriff Ray Norris let her out of jail without any authorization or bond.

Judge Morgan commented on the dilemma at the hearing, “If I proceed with this hearing, I could possibly be held in contempt by another judge…[and] you, too,” he told the two prosecutors.

But the DAs contended it was just the opposite, telling Morgan, “Yours is the valid order” as they asked that McCorquodale’s order be set aside.

Attorney Bradford said, “I understand the quandary but I don’t have an answer for it.” He later said he wanted his client to get her property back.

Judge Morgan said, “I want the next court to understand the absolute bizarre situation I’m in” as he granted the motion to set aside Judge Mc- Corquodale’s order.

Morgan’s order states in part that the hearing was held in compliance with specifics of the Cannons of Judicial Ethics

“Based on the arguments of counsel, particularly defense counsel’s uncertainty of the validity of the previous orders, and the State’s positions generally, this Court finds that the previous two orders of the Circuit Court are VOID and the Motion to Set Aside must be GRANTED.”

Judge McCorquodale, contacted for comment, said that Matthews sat in jail for 27 days before being released by then- Sheriff Ray Norris. She had no means to return home other than the impounded vehicle.

McCorquodale stressed that his order only related to the vehicle, not to the criminal aspects of the case. One of his orders specified that. He also said the Circuit Court has jurisdiction over confiscations, which are considered civil matters. However, his order was filed in the criminal cases because no other appropriate case existed, his order stated.

McCorquodale said he had no intentions of getting into the District Court’s business; that he had enough to do in Circuit Court and as presiding judge of the circuit.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.