National Round-up

Obama administration furthers Bush administration "state secrets" policy, 9th circuit rejects government argument for privilege.

Judge orders man convicted of throwing children off bridge to see pictures of his children every day while on death row.

Maryland legislature will review state policies on death penalty.

TaxProf blog gives a brief outline of the IRS strategic plan for the next four years.  

The Supreme Court gets the FCC's soap ready for radio stations and television networks.  One four-letter word is all it takes.

Local Round-up

Local Craigslist prostitution ring BUSTED. SWF seeking CDA (Criminal Defense Attorney).

"Spiderman" defendant sentenced to eight years for role in robbery/murder.

Suspected drunk driver flips his car. Then gets caught in a quixotic effort to right his 'ship.'

Forger at US Bank still sought by police. You'd think two forms of ID might be required for a $10,000 check.

Police are on the lookout for this Green Twp. man.

National Round-up

Victims of the Madoff scam can attempt to force Bernie into Bankruptcy to reach his personal assets.

Law Student who altered grades on transcript to have license suspended.

WSJ reports Obama administration tax plan will hit companies with a large overseas presence the hardest.

Former Eagles band-member Henley sues Senatorial candidate over unauthorized use of song.  

Supreme Court looks at Second Amendment issue surrounding . . . nunchucks.  

Cincinnati Legal Roundup

Warren County Prosecutor Rachel Hutzel has filed a number of motions seeking to quash subpoenas for juror testimony concerning misconduct during the Ryan Widmer murder trial.

Bonnies & Clyde arrested in Indiana, may have hit Hamilton County banks.

Andy Kennedy pled guilty to Disorderly Conduct for his actions after leaving Lodge Bar in December 2008.

Local man indicted for this 5th homicide. Has not gone to trial on any of the previous four.

An East Price Hill man beat his son over a video game. Not for playing the game when he shouldn't, but for playing the game poorly.

Widmer Jurors Subpoenaed: What's a Subpoena?

A number of jurors in the Ryan Widmer murder trial were subpoenaed recently. While we've all heard the term banded about in TV shows, movies, or the news, the actually meaning of a subpoena eludes most. The word itself is a little strange and ominous (rightly so, word origins: "sub poena," latin for "under threat of punishment") This can usually lead to panic when one receives a subpoena via mail or sheriff's service. A basic understanding of the subpoena process can make things less traumatic.

Look at a trial as a party that the lawyers and judge are throwing. A subpoena is an invitation to this party. Sometimes, a subpoena even tells a witness that they need to bring something to the party. It gives a date and time for witnesses to appear in court. However, no RSVP is needed. You MUST show if subpoenaed unless subsequently notified by the court. Failure to appear in court could result in contempt of court proceedings.

Now for the boring legal workings. Both sides in a court proceeding put together witness lists and submit them to the court. The court compiles the witness list and determines when each witness will need to appear. The court then issues subpoenas to each and every witness either side plans to call when presenting their respective cases.

If you receive a subpoena and are worried about legal action being taken against you through your testimony, then you should contact an attorney immediately. Otherwise, just follow the instructions on the subpoena, show up in court on time (judges love early), and tell the truth. The only thing scary about the process is the word.

Thursday: National Roundup

Homeowners dial 1-800-NOANSWER, then wait over 2 hours to discuss mortgage payments.

Baseball fan sues Yankees over no movement policy during playing of God Bless America.

Sagging pants in a Florida town are target of local ordinance.

Cincy had a large turnout for the Tea Party, but the Texas Tea Party crowd wants to secede.

The Octomom looks into branding the fact that she is baby crazy.

Bad news for retail: mall operator files largest real estate Chapter 11 in US History.

Avoid the Noid. No, really. Dominos workers face criminal charges.

The Iowa governor issues statement concerning possible constitutional amendment banning gay marriage.

Tax by the Numbers

Some 2008 tax facts to get you through the 2009 deadline:

Total dollar value collected via personal income tax: 1.3 trillion

Total dollar value of income tax, employment tax, corporate tax, estate tax, and gift tax collected: 2.7 trillion

Number of filings with IRS: 156 million

Percentage filed using "e-filing" system: 57%

Percentage of taxpayers receiving a refund: 69%

Total dollar value of refunds: 261.3 billion

Average refund: $2,429

Website hits for "irs.gov": 351 million

If your adjusted gross income was more than $388,806, you were in the top 1% of AGI. If your AGI was more than $108,904, you were in the top 10% of AGI. The median AGI was $31,987.

Over 355,000 returns had AGI of more than 1 million dollars.

Source: IRS website

Why the drunk driver that hit Nick Adenhart is charged with Murder

Following the tragic accident that killed professional baseball player Nick Adenhart last week, the driver of the car has been charged with three counts of murder, driving under the influence causing injury, and leaving the scene of an accident causing death.

Many people have asked me how the driver can be charged with murder. The answer is fairly simple. Andrew Gallo, the driver of the minivan that struck Nick Adenhart's car, is charged with two underlying felonies for the accident (DUI and hit-and-run). If deaths result from the commission of a felony, prosecutors may seek to charge a defendant with murder (called "felony murder"). Here, the deaths were a direct result of the underlying felonies, so charging Andrew Gallo with murder was almost a foregone conclusion.

However, the legal intricacies of this situation should not be the focus. If you drink, do the responsible thing and call a cab. Rest in peace, Nick Adenhart.

More info on this story : NY Daily News

Widmer Jury May Have Overstepped

The Cincinnati Enquirer reports a juror in the Ryan Widmer murder trial has stated other jurors may have acted inappropriately in determining Mr. Widmer's fate. The juror alleges that other jury members did their own fact-finding as to how long it takes a body to dry after a bath. In response to this news, defense attorneys for Widmer supplemented their motion for a new trial with an affidavit from the juror.

Simply put, prosecutors and defense attorneys are responsible for presenting the evidence at trial. Then, a judge or jury makes a determination based on the evidence presented as to guilt or innocence. The jury should not do its own evidentiary analysis, as the juror alleges happened here.

Mark Godsey, a UC Law professor and the director of the Ohio Innocence Project, thinks what this juror has brought forward should be enough for a new trial to be granted.

Am I too young for an estate plan?

Most people assume Estate Planning is only for people with the type of estates they see on television, but this is not the case. If you own a car or have made payments on a mortgage, you have an estate. While estate planning can be a somewhat difficult issue to approach, especially for younger people, there are a few documents you should consider no matter your age.

A simple will is the fundamental building block for any estate plan. In a simple will you can name your beneficiaries, determine how your property will be divided, bequeath specific gifts, name guardians for your minor children, and name the executor of your estate, among other things. If you die without a will, the State will use specific formulas to determine how to manage and distribute your estate. Many people would prefer to make these determinations than let the State decide.

A Health Care Power of Attorney is a document that allows you to name specific people to make health care decisions for you, according to your wishes, if for some reason you become incapacitated. This type of document only becomes effective if you are unable to make or communicate decisions for yourself, and can afford you a certain peace of mind in knowing that people you trust will make such important decisions on your behalf.

A Living Will is another estate planning document related to the medical field. The Living Will lists out your requests for treatment if you are in a permanently unconscious or terminally ill state and unable to communicate. While somewhat similar to the Health Care Power of Attorney, this document allows you to make decisions for yourself – decisions that may be too difficult for your family to make.

There are many other estate planning vehicles that may be applicable to your situation. Please do not hesitate to contact my office today if you have any questions about the estate planning process.

Getting that Youthful Indiscretion Off Your Record

What is an expungement?

An expungement is an official sealing by the court of a minor felony or most misdemeanors. An expungement is a little bit of a misnomer, as the courts do not actually destroy your criminal record. Your record is only sealed, but this keeps your youthful indiscretion out of the public eye.

Who has access to my criminal record if I don’t have it expunged?

Anyone with a phone or internet access can check your criminal record fairly easily. Employers will often hire firms to run comprehensive background checks on employees. If your offense occurred in Hamilton County, check www.courtclerk.org to see if your charge is part of the public record. For other counties in Ohio, check the Franklin County website for links to various Clerks of Court.

Who has access to my criminal record if I have it expunged?

If your request for expungement is successful, no one outside the courthouse will be able to access your criminal record. Any company you interview with will have no idea about the time you forked your ex-girlfriend’s sorority lawn.

What kind of charges cannot be expunged?

First or second-degree felonies, crimes with a mandatory prison term, sex crimes, violent crimes, crimes involving children, and violations of certain municipal ordinances are all examples of charges that are not eligible for expungement.

How can I get a charge expunged?

You must file a motion with the court and the probation office seeking for your charge to be expunged. The assignment commissioner will set a court date for you to present your case to the original judge (or the judge now sitting in that courtroom). For this reason, most people hire an attorney when seeking to have a charge expunged.