Tag Archives: Warren County

Divorce Pitfalls

Many individuals choose to represent themselves in a divorce or dissolution case.  Oftentimes, in very simple matters, this is not a terrible decision.  However, a recent case demonstrates the potential negative consequences of not having qualified counsel.[1]

In this recent case, Husband and Wife dissolved their marriage in 2003.  The parties agreed on all matters, including a provision on how to divide Husband’s pension.  The pension was to be divided pursuant to an Order that was filed with the Court.

Wife’s lawyer prepared the Order, as Husband was not represented by an attorney.  The problem was that the Order was inconsistent with the parties’ agreement, and Wife received a larger portion of the pension than she was entitled to.

Husband filed a motion with the Court to correct this error.  Ultimately, his motion was denied because certain language was not included in the original agreement with his Wife, language that would have permitted his motion to go forward.  Without this language, Husband needed to appeal his case within 30 days from the filing of the Order.  There would have been little reason for him to do so, as he would not have known there was an error within the 30 day timeframe.  Pension divisions often take many months before they are processed by the plan administrator.

Qualified Domestic Relations Orders, the Order used to divide retirement benefits, can be very complicated documents, filled with legalese.  The original agreement needed to have language giving the Court jurisdiction to correct errors in the pension Order.  Since it did not, Husband is stuck with the error, and Wife will continue to receive the additional benefits.


[1] Pearl v. Pearl, 2012-Ohio-4752.

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Marty Hubbell is a partner in the law firm of Diehl & Hubbell, LLC (www.DiehlHubbell.com), and has been practicing domestic relations law in Warren County, Ohio since 2001. He was recently named an Ohio Super Lawyer for the third time, and has been named to the Top 40 Under 40 list. He is also a part-time Magistrate for the City of Lebanon, Ohio. He can be reached at (513) 932-2121 or MHubbell@DiehlHubbell.com

Diehl & Hubbell wins recent Ohio Supreme Court case.

Diehl & Hubbell successfully argued that a trial court must inform a defendant of certain potential consequences at the time of sentencing.  The Ohio Supreme Court’s decision reversed the Twelfth District Court of Appeals.  The appellate court originally denied the requested relief under the ripeness doctrine.

The Ohio Supreme Court sided with the Defendant, and indicated that a reviewing court must strictly construe the statutory language.

The case is State v. Smith, 2012-Ohio-781.

The opinion can be found at:  http://www.sconet.state.oh.us/rod/docs/pdf/0/2012/2012-ohio-781.pdf

Marty Hubbell’s Merit Brief can be found at:  http://www.sconet.state.oh.us/tempx/694123.pdf

www.DiehlHubbell.com

Monroe Mayor’s Court

By Marty Hubbell

Some Ohio municipalities have created Mayor’s Courts, as authorized by the Ohio Revised Code.  These Courts hear traffic cases, OVI (or DUI), DUS, and other misdemeanors.

The Monroe Police Department or Sheriff’s department can cite first time offenders into the Monroe, Ohio Mayor’s Court.  Mayor’s Courts are not courts of record, and a Defendant has the automatic right to appeal the case, regardless of the result.  If a Defendant is not pleased with how the case was resolved in Monroe Mayor’s Court, the case can start over in the Butler County Area Court system or the Warren County Court, depending upon where the offense is alleged to have occurred.  It is like getting two bites at the apple, which can be a great advantage to the defense.

When charged with an offense in Monroe Mayor’s Court, it is especially important to retain a local attorney who has experience working in these types of Courts.  Because these Courts are not official, the procedures and formalities can vary greatly, especially compared to County or Municipal Courts.

Monroe Mayor’s Court is located at the City of Monroe Urban Center, 233 South Main Street, Monroe, Ohio  45050.  Court is in session on the second and fourth Tuesdays of each month, beginning at 3:00 p.m. 

 Further information can be obtained at the following website: http://www.monroeohio.org/departments/mayors-court

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Marty Hubbell is a partner in the law firm of Diehl & Hubbell, LLC (www.DiehlHubbell.com), and has been practicing criminal defense law in Warren County, Ohio for ten years.  He has been named an Ohio Super Lawyer, and is a part-time Magistrate for the City of Lebanon, Ohio.  He can be reached at (513) 932-2121 or MHubbell@DiehlHubbell.com

Springboro Mayor’s Court

By Marty Hubbell

Some Ohio municipalities have created Mayor’s Courts, as authorized by the Ohio Revised Code.  These Courts hear traffic cases, OVI (or DUI), DUS, and other misdemeanors.

The Springboro Police Department or Warren County Sheriff can cite first time offenders into the Springboro, Ohio Mayor’s Court.  Mayor’s Courts are not courts of record, and a Defendant has the automatic right to appeal the case, regardless of the result.  If a Defendant is not pleased with how the case was resolved in Springboro Mayor’s Court, the case can start over in the Warren County Court.  It is like getting two bites at the apple, which can be a great advantage to the defense.

When charged with an offense in Springboro Mayor’s Court, it is especially important to retain a local attorney who has experience working in these types of Courts.  Because these Courts are not official, the procedures and formalities can vary greatly, especially compared to County or Municipal Courts.

Springboro Mayor’s Court is located at 320 W. Cental Avenue, Springboro, Ohio  45066.  Court is held every Wednesday, beginning at 9:00 a.m.  Be sure to check your ticket to ensure the proper date and time to appear in Court.  Further information can be obtained at the following website:  http://cityofspringboro.com/court.html

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Marty Hubbell is a partner in the law firm of Diehl & Hubbell, LLC (www.DiehlHubbell.com), and has been practicing criminal defense law in Warren County, Ohio for ten years.  He has been named an Ohio Super Lawyer, and is a part-time Magistrate for the City of Lebanon, Ohio.  He can be reached at (513) 932-2121 or MHubbell@DiehlHubbell.com

Maineville Mayor’s Court

By Marty Hubbell

Some Ohio municipalities have created Mayor’s Courts, as authorized by the Ohio Revised Code.  These Courts hear traffic cases, OVI (or DUI), DUS, and other misdemeanors.

The Hamilton Township Police Department or Warren County Sheriff can cite first time offenders into the Maineville, Ohio Mayor’s Court.  Mayor’s Courts are not courts of record, and a Defendant has the automatic right to appeal the case, regardless of the result.  If a Defendant is not pleased with how the case was resolved in Maineville Mayor’s Court, the case can start over in the Warren County Court.  It is like getting two bites at the apple, which can be a great advantage to the defense.

When charged with an offense in Maineville Mayor’s Court, it is especially important to retain a local attorney who has experience working in these types of Courts.  Because these Courts are not official, the procedures and formalities can vary greatly, especially compared to County or Municipal Courts.

Maineville Mayor’s Court is located at the Village Administration Building, 8188 S. State Route 48, Maineville, Ohio  45039.  Court is held on the first and third Thursdays of each month at 6:00 p.m.  Be sure to check your ticket to ensure the proper date and time to appear in Court.  Further information can be obtained at the following website:  http://www.mainevilleoh.com/Court.htm

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Marty Hubbell is a partner in the law firm of Diehl & Hubbell, LLC (www.DiehlHubbell.com), and has been practicing criminal defense law in Warren County, Ohio for ten years.  He has been named an Ohio Super Lawyer, and is a part-time Magistrate for the City of Lebanon, Ohio.  He can be reached at (513) 932-2121 or MHubbell@DiehlHubbell.com

South Lebanon Mayor’s Court

By Marty Hubbell

Some Ohio municipalities have created Mayor’s Courts, as authorized by the Ohio Revised Code.  These Courts hear traffic cases, OVI (or DUI), DUS, and other misdemeanors.

The Warren County Sheriff can cite first time offenders into the South Lebanon, Ohio, Mayor’s Court.  Mayor’s Courts are not courts of record, and a Defendant has the automatic right to appeal the case, regardless of the result.  If a Defendant is not pleased with how the case was resolved in South Lebanon Mayor’s Court, the case can start over in the Warren County Court.  It is like getting two bites at the apple, which can be a great advantage to the defense.

When charged with an offense in South Lebanon Mayor’s Court, it is especially important to retain a local attorney who has experience working in these types of Courts.  Because these Courts are not official, the procedures and formalities can vary greatly, especially compared to County or Municipal Courts.

South Lebanon Mayor’s Court is located at 99 High Street, South Lebanon, Ohio, 45065.  The Court shares space with rest of the Village of South Lebanon offices, and is adjacent to the South Lebanon Post of the Warren County Sheriff’s Office.  The Court is in session two Thursdays a month, beginning at 9:00 a.m.  Be sure to check your ticket to ensure the proper date and time.  Further information can be obtained at the following website:  http://www.southlebanonohio.org/clerk_of_court.htm

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Marty Hubbell is a partner in the law firm of Diehl & Hubbell, LLC (www.DiehlHubbell.com), and has been practicing criminal defense law in Warren County, Ohio for ten years.  He has been named an Ohio Super Lawyer, and is a part-time Magistrate for the City of Lebanon, Ohio.  He can be reached at (513) 932-2121 or MHubbell@DiehlHubbell.com

Marcus Israel Trial Starts Today

The trial of Marcus Israel, the man who is alleged to have killed Officer Brian Dulle, starts today in the Warren County Court of Common Pleas. Israel is accused of running over and killing Officer Brian Dulle with a car while attempting to evade police officers. Officer Dulle was in the process of laying out stop sticks on the road when he was hit. Israel’s attorney filed a Motion for Change of Venue in an attempt to transfer the case elsewhere. This motion was denied. Judge Flannery will preside.

Martin Hubbell named a 2012 Ohio Super Lawyers Rising Star!

 

Congrats, Marty! Named one of Ohio’s top lawyers.

 

Lawyers are asked to nominate the best attorneys who are 40 or under.  They are instructed to nominate lawyers they have personally observed in action – whether as opposing counsel or co-counsel, or through other firsthand courtroom observation.

In addition to the general survey, the attorney-led research team reviews the credentials of potential candidates and assigns points based on a set of defined evaluation criteria. The research staff also confirms that nominees are properly licensed, in good standing with the state licensing agency, and, when possible, that they have no history of disciplinary action that would warrant removal from the list.

The point totals from the general survey and research process are then added to arrive at a final tally. The lawyers are ranked by point totals and those with the highest point totals are named to the Rising Stars list. No more than 2.5 percent of the lawyers in the state are named to the list. To ensure a diverse and well-balanced list, the research staff considers factors such as firm size, practice area and geographic location.

We at Diehl & Hubbell, LLC are proud of Mr. Hubbell and would like to thank him for his years of dedicated service to the Southwest Ohio community!

You can find Mr. Hubbell at 304 East Warren Street, Lebanon, Ohio, 45036  #513.932.2121

http://www.diehlhubbell.com

Are you a Bulldog Lawyer?

By Marty Hubbell

I get asked that at least once a month. All attorneys have heard from potential clients who want to hire a Bulldog to represent them.  Why?  Because they erroneously believe that such lawyers are effective advocates for their clients.

Some people are generally unreasonable and unpleasant; some of these people happen to be lawyers.  It is not hard to find them, as they are usually preceded by reputation.

These Bulldog lawyers have an inability to arrive at appropriate results in a timely fashion.  They don’t return phone calls, are unprepared for hearings, and are unable to competently identify key issues in a case.  But they are wonderful at turning legal cases into personal vendettas, when doing so has no practical purpose.  Legal fees tend to get expensive, quickly, when fighting about anything and everything.

A Bulldog lawyer does not intimidate a competent attorney.  I tell my clients in advance about the other attorney’s reputation, in order to prepare them.  No party to litigation truly enjoys the experience, and you have to wonder about the unnecessary emotional cost their clients pay.

Judges and juries do not appreciate Bulldog lawyers.  Court time is valuable and dockets are crowded.  Recent studies suggest that jurors are particularly sensitive to choosing sides in a trial based upon a Judge’s rulings and demeanor toward individual attorneys.  If an attorney argues ten points of law, when only two are viable, the stain of the poor arguments can filter down to the good ones.

There is so much more to being an effective advocate than just being adversarial.  Be cautious when a lawyer brags about being tough and aggressive.  A competitive spirit should not be confused with a combative personality.  The qualities you should demand in a lawyer are no different than those you would want from other people in your life:  diligence, competence, honesty, and reasonableness.

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Marty Hubbell is a partner in the law firm of Diehl & Hubbell, LLC  (www.DiehlHubbell.com), and has been practicing criminal defense law in Warren County, Ohio for ten years.  He has been named an Ohio Super Lawyer, and is a part-time Magistrate for the City of Lebanon, Ohio.  He can be reached at (513) 932-2121 or MHubbell@DiehlHubbell.com

Change of Plea for Mason Teacher

http://wcpo.m0bl.net/r/j1udt

Wednesday, July 13th, 2011

By: Gabriel Moorman

Stacy Schuler, the former Mason High School gym teacher accused of having sex with a number of her students, has entered a plea of not guilty by reason of insanity.

This often utilized and rarely successful plea is an attempt by the defense to offer a legal excuse for Ms. Schuler’s actions.  While quite possibly the defendant’s best argument, the requirements for such a plea are very difficult to establish.

The defense, in effect, is not contesting whether or not the sexual conduct took place – they are only arguing that Ms. Schuler did not possess the necessary mental state or intent to commit the crime.

The trial court will order her to be evaluated, and the expert report will probably be provided in about 4-6 weeks.

Her trial is set to begin on August 8th, 2011, at the Warren County Court of Common Pleas in front of Judge Robert Peeler.

 

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