Wednesday, July 24, 2013

Has Bonnie Cahalane's Lawyer Been Compromised By Allegations Of Infidelity In Her Own Divorce Case?

Angie Avery and Jamie Collins
The Alabama lawyer who failed to prevent Bonnie Cahalane's unlawful incarceration last year--and also has failed to prevent the unlawful sale of Cahalane's home--faces allegations of infidelity in her own divorce case.

Angie Avery Collins, of Clanton, is seeking a divorce from James Thomas "Jamie" Collins, but her estranged husband alleges in court documents that she engaged in an extramarital affair with a Chilton County sheriff's deputy named Shane Mayfield.

Jamie Collins states in a counterclaim that his wife's "course of conduct" created an "incompatibility of temperament" in the marriage. Jamie Collins goes on to state that the "bonds of trust have been severed."

This suggests that Angie Avery Collins is in a vulnerable position with her own pending divorce case. Does that explain, at least in part, Ms. Collins' weak representation of Bonnie Cahalane? Did Angie Avery Collins fail to fight for Bonnie Cahalane's personal freedom, and her property rights, because she wanted to gain favor with the Chilton County judicial establishment for her own divorce case.

I tried to arrange an interview with Ms. Collins to explore such issues, but she has refused to take questions on her divorce case and its possible impact on the Bonnie Cahalane matter.

A timeline of events raises serious questions about Angie Avery Collins' loyalty to her client in Wyatt v. Wyatt, where Bonnie Cahalane sought a divorce from Harold Jay Wyatt. The comment to Rule 1.7 of the Alabama Rules of Civil Procedure states the following about a lawyer's duty to her client:

Loyalty is an essential element in the lawyer’s relationship to a client. An impermissible conflict of interest may exist before representation is undertaken, in which event the representation should be declined. . . .
If such a conflict arises after representation has been undertaken, the lawyer should withdraw from the representation.

Has Angie Avery Collins followed through on her professional obligations? Let's consider the following timeline:

* July 12, 2012--Angie and Jamie Collins are separated;
* July 26, 2012--Bonnie Cahalane Wyatt is incarcerated due to her failure to pay an alleged property-related debt in Wyatt v. Wyatt;
* September 11, 2012--Angie Collins files for divorce from Jamie Collins;
* September 28, 2012--Jamie Collins responds with a counterclaim for divorce;
* December 14, 2012--A court document is filed in which Jamie Collins raises specific issues of infidelity involving his wife and Shane Mayfield;
* December 18, 2012--Bonnie Cahalane is released from jail when she "agrees" to sell her house to helped settle an alleged debt to Harold Wyatt. This agreement was reached while Cahalane was under the duress of returning to jail if she did not give her OK. Under such conditions any agreement or contract is void.

The Collins divorce originally was assigned to Chilton County Circuit Judge Sibley Reynolds, 
the same judge who unlawfully threw Bonnie Cahalane in jail and coerced into an agreement for the sale of her house. The divorce case since has been assigned to a judge from Talladega County, upon Jamie Collins' motion to recuse all Chilton County judges because of their working relationships with Angie Collins.

Does Ms. Collins possess the wherewithal to stand up to Judge Reynolds, or anyone else in the Alabama judicial hierarchy, when she's in a weak position with her own divorce case? The answer appears to be no.

Black-letter Alabama law--perhaps best stated in a case styled Dolberry v. Dolberry, 920 So. 2d 573 (Ala. Civ. App., 2005) --holds that a party is not subject to contempt and incarceration because of a property-related debt from dissolution of a marriage. Did Angie Collins cite Dolberry, or similar cases, to help keep her client out of jail? We've studied the record and see no sign that she did.

Another fundamental legal concept--well stated in a case styled Claybrook v. Claybrook (Ala. Civ. App., 2010)--holds that a contract is void when it is reached under duress. Did Angie Collins cite Claybrook, or similar cases, to protect her client's property rights? Again, the answer appears to be no.

That brings us back to issues that Angie Collins' faces in her own divorce case. And that brings us to a Chilton County sheriff's deputy named Shane Mayfield.

(To be continued)


Anonymous said...

Legal Schnauzer, because of blogs like yours' the new rules, regulations and other colors of only one way law, gets to take a different look-see.

Whistleblowers now going into work for government, well maybe not going in as a WB, but thinking the conscience should be more 'reality' based, get a whole lot of nasty realities in 'reporting wrong'.

That is why your blog is now the litmus test for future USA.

All the criminals are transparent and always were, the problem has been the criminals own the reporting and should this get away from them, they Michael Hastings future fast forward our souls.

Thanks for your brave heart, great spirit and brilliant mind.


Anonymous said...

Why did Angie Collins go to law school if she isn't going to fight for her clients? What's the point?

Anonymous said...

It seems the Alabama State Bar needs to take a look at Ms. Collins' actions.

Anonymous said...

Angie Collins might have been paid by Bonnie Cahalane, but she works for Sibley Reynolds. That's the case with several lawyers in Chilton Co.

Anonymous said...

Is there a bigger judicial hellhole on earth than Chilton County, AL?

legalschnauzer said...

Shelby and Jefferson counties would give Chilton a strong run for its money. Baldwin Co and Mobile Co also are horrific. God only knows about some of the smaller counties.

Our state courts are a national embarrassment, exceeded perhaps only by the sleaziness in our federal courts. And corruption hardly is limited to Alabama or even the South. It's a coast-to-coast problem.

Anonymous said...

Are you kidding me? Bonnie walked away with over 90k in the house sell which by the way she never put a penny in...

Anonymous said...

sound like to me legal schnauzer is lisening to a parinoyid woman (ask husband # 1 through #7 )that thinks everyone is against her that has no real proof in her case why dont yall all get a JOB and move on

Anonymous said...

if this case is important to LS why were you not in courtroom on last 3 times this case was in court?

Anonymous said...

Excellent statement LS.

There really isn't a court system in the USA, there are judges that believe they have the right to have no responsibility to the true due process law.

The Federal Reserve System's European creditor the Bank of International Settlements [BIS] owns American courts. The BIS is the only entity to manufacture the credit and this was when WWII, got set-up to finalize this time.

BIS releases credit to the New York FED, Ben Bernanke is Chair or 'Chief' at both, due to not return to the FED, however, still BIS as usual. NY FED pays the courts.

Now where is there any idea in this contract for true due process law - money sovereignty is a debt owed to the BIS by the USA.

whoops, the system is FRAUD and we allow the criminal operation to do what IT software algorithms can

see our reality 'judges' are drunk on the power of injustice and paid well as well as drugged no doubt, or we know by the reporting you have done - Alabama is one of the whole bad cart of rotten - make up whatever the imagination can, it all works in the idea of corrupt

Americans best wave your flag real high and march on the courts

Anonymous said...

thinking about two pigs looking like humans that aren't being other than a duo doing others' not nicely

legalschnauzer said...

Anon at 3:22, 5:40, 5:42 --

Can you do either of the following?

* Cite a law that shows Bonnie Cahalane's incarceration was lawful;

* Cite a law that shows the contract for sale of Bonnie Cahalane's house was lawful.

If you can't do both of the above, the information you provide doesn't mean a thing under the law.