Digby Law Firm

Digby Law Firm I represent people the way I would want to be represented.

I give honest, knowledgeable advice and couple that with, aggressive, hard-nosed, and most importantly, successful representation.

05/13/2026

ALEX MURDAUGH's Conviction Overtuned - New Trial Granted

Alex Murdaugh is the South Carolina lawyer who was convicted in 2023 of murding his wife and son. It captured national new attention for several weeks in early 2023.

The South Carolina Supreme Court overturned his conviction and remanded the case back to the trial court for a new trial. The Court's opinion, in overturning the conviction, turned on the Jury being improperly influenced by the Colleton County Clerk of Court Rebecca Hill. The Court found that HIll improperly tampered with the jury in several ways, thereby denying Murdaugh his Constitutional Right to a Fair Trial, citing the U.S. Supreme Court's ruling in Remmer v. United States, holding:

"[A]ny private communication, contact, or tampering directly or indirectly, with a juror during a trial about thematter pending before the jury is, for obvious reasons, deemed presumptively prejudicial, if not made in pursuance of known rules of the court and the instructions and directions of the court made during the trial, with full knowledge of the parties. The presumption is not conclusive, but the burden rests heavily upon the Government to establish, after notice to and hearing of the defendant, that such contact with the juror was harmless to the defendant."

The Court made an additional findings regarding the evidence presented in the trial regarding Murdaugh's financial crimes. The Prosecuting offered proof of Murdaugh's financial crimes as motive for committing the murders. The S.C. Supreme Court held that the State was allowed to go to far along and too deep in the aspects of Murdaugh's financial crimes, which also gave rise to considerable danger of unfair prejudice and that should have been excluded. Basically ruling that the evidence offered by the State should have been limited.

Link to the Court's Opinion

04/15/2026

Is distilling your own alcohol at home now legal????

For years distilling hard spirits/alcohol has been banned by the federal government. The ban was based on Congress's power to tax.

In a recent case, from the 5th Circuit, the Court found that the ban was not "necessary and proper" to the enforcement of taxation and that the law, in theory, would allow Congress to ban any private activity that "could be taxed." The tax power allows raising revenue, not prohibiting conduct.

This ruling does NOT automatically legalize home distilling. It does remove the federal ban on home distilling. There are federal permits and tax rules that still apply.

Any and all State laws remain fully in force.

04/08/2026

Do you think you know the law and your rights?
Volume 5: ANSWER

Does law enforcement have to give you a copy of a search warrant before they search your home?

ANSWER

Generally yes, absent some specific exceptions. Arkansas's Rule of Criminal Procedure 13.3, states that the person in control or appearent control of the premises must be given the warrant BEFORE beginning the search.

What's interesting is that the U.S. Supreme Court said the answer is, "No." You only have to be given a copy of the warrant before the officers vacate the premises.

How can the U.S. Supreme Court say the law is something different than what Arkansas says the law is? Simple, the Supreme Court's holding was based on 4th amendment protections, which mean that at the bare minimum, you must be given a warrant before the officer's leave. Arkansas is free to give their citizens more protections, but cannot give them less. Arkansas, through its rules of criminal procedure has chosen to give its citizens more rights.

Arkansas's rules of criminal procedure are governed by the Arkansas Supreme Court. The Arkansas Supreme Court cannot adopt new rules, amend current rules or do away with a rule entirely. But we are still subject to our Constitutional protections as interpreted by the U.S. Supreme Court.

Now you know!

04/07/2026

Do you think you know the law and your rights?
Volume 5:

Does law enforcement have to give you a copy of a search warrant before they search your home?

Answer coming soon; no cheating.

04/01/2026

Do you think you know the law and your rights?
Volume 4: ANSWER

If the police are illegally arresting me, can I physically resist the arrest?

ANSWER: No. Arkansas law specifically prohibits this action. The proper way to challenge an illegal arrest is through Court, not physical resisting. Williams v. State, 320 Ark. 211 (1995) and A.C.A. 5-2-612. Federal law follows the same rule and logic.

03/31/2026

Do you think you know the law and your rights?
Volume 4:

If the police are illegally arresting me, can I physically resist the arrest?

Answer coming soon.

03/28/2026

Do you think you know the law and your rights?
Volume 3: ANSWER

Is it legal to flash your headlights to warn driver's of a speed trap up ahead?

ANSWER: Yes, probably. Arkansas courts have not directly dealt with this issue, but under the U.S. Supreme Court's "Spence" test, it is most likely legally protected speech. The "Spence" test requires: (1) an intent to convey a particularized message, and (2) in the surrounding circumstances, the likelihood was great that the message would be understood by those who viewed it. Spence v. State of Wash., 418 U.S. 405 (1974).

03/27/2026

Do you think you know the law and your rights?
Volume 3:

Is it legal to flash your headlights to warn driver's of a speed trap up ahead?

Answer coming soon.

03/25/2026

Do you think you know the law and your rights?
Volume 2: ANSWER
Can you cuss at the police?

ANSWER: Yes, unless, the comments are considered "fighting words". Speech critical of law enforcement is protected under the 1st Amendment, even if it contains profanity. See generally, City of Houston, Tex. v. Hill, 482 U.S. 451 (1987); Thurairajah v. City of Fort Smith, Arkansas, 925 F.3d 979 (2019).

If the profanity or any speech is determined to be "fighting words", words that men of common intelligence would understand would be words likely to cause an average addressee to fight, then the speech is not protected and can be prosecuted criminally. to determine whether speech is "fighting words", the speaker's conduct and actions are also considered.

FREE LEGAL TIP: Do NOT cuss the police. It serves no purpose but to put you in a situation where you are going to need to hire the DLF. Most law enforcement officers are good, hardworking men and women, doing the best they can, at a dangerous job. If they make a mistake, you cussing them isn't going to help anything. If they err in something, it's the DLF's job to make it right. Don't make it worse on yourself by cussing them out.

03/24/2026

Do you think you know the law and your rights?
Volume 2:
Can you cuss at the police?

Answer will be posted tomorrow.

03/20/2026

Do you think you know the law and your rights?
Volume 1: ANSWER
Can law enforcement get your bank records without a warrant (without a judge saying there is probable cause that your records are evidence in a crime)?

-ANSWER: Yes, the U.S. Supreme Court ruled in 1976 that you have no reasonable expectation of privacy in records held by a 3rd party. That means your bank records and most records held by a business and company can be obtained without a warrant and judicial oversight.

And if so, can they use those records against you in Court?

-ANSWER: Yes, assuming the records can be authenticated by someone from the company, they are admissible against you.

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Benton, AR
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