Carlisle 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 Carlisle Police Department and the Warren County Sheriff can cite first time offenders into the Carlisle 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 Carlisle 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 Carlisle Mayor’s Court, it is especially important to retain a local attorney who has experience working in these types of Courts.  Because Mayor’s Courts are not official, the procedures and formalities can vary greatly, especially compared to County or Municipal Courts.

Carlisle Mayor’s Court is located at 760 W. Central Avenue, Carlisle, Ohio, 45005.  Court is held twice each month on Wednesdays, usually beginning at 8:30 a.m.  Be sure to check your ticket so you appear on the proper date and time.  Further information can be obtained at the following website:

http://www.carlisleoh.org/index.asp?Type=B_BASIC&SEC=%7B99F0F616-C02A-4D70-9A5E-1157A0F9467E%7D

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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

D & H Associate Comments on Schuler Verdict

Click the link below to watch the LIVE interview of Attorney Gabe Moorman with Fox45/ABC22 Anchor Meghan Mongillo.  The former Mason High School gym teacher was found guilty on all sixteen counts of sexual battery and three counts of providing alcohol to minors.  Despite strong expert witnesses, the defense could not prove that Schuler was insane by a preponderance of the evidence.  Warren County Court of Common Pleas Judge Robert Peeler sentenced Stacy Schuler to four years in prison.  She will be eligible for judicial release in six months.  Schuler must also register as a Tier 3 sex offender, requiring her to verify her address with the State every ninety days.

http://fox.daytonsnewssource.com/shared/newsroom/morning/videos/vid_415.shtml#.TqrA67Fe3sw.facebook

Moorman Offers Further Legal Commentary on the Stacy Schuler Trial.

Click the link below to watch Diehl & Hubbell’s Gabe Moorman answer questions about the Stacy Schuler trial on Thursday, October 27th, 2011, live, on Fox45 In the Morning with Meghan Mongillo.

 

http://fox.daytonsnewssource.com/shared/newsroom/morning/videos/vid_412.shtml

Verdict for Stacy Schuler Sexual Battery Case Expected Today

On Thursday, October 27th, 2011, the Stacy Schuler trial is expected to conclude.  Judge Robert Peeler will give the verdict following the closing arguments of both the State and the defense.  It is expected that the State will call its own expert witness to rebut the expert testimony provided by the defense yesterday.  A forensic psychologist and/or toxicologist will testify that Ms. Schuler was not insane at the time of the alleged acts and that she could comprehend the difference between right and wrong.  Yesterday, the defense provided two expert witnesses that claimed Stacy Schuler was insane at the time of the alleged acts due to a combination of health problems, Zoloft, and alcohol.  The ‘SSRI Defense’, as it is being called, has been utilized approximately fifteen times during the last year in American courts – it has never succeeded.  These experts based their testimony on evidence that anti-depressants mixed with alcohol can cause mania, increased sexual desire, and memory loss.  As this is a bench trial, Judge Peeler will decide whether Ms. Schuler is guilty of sixteen counts of sexual battery and three misdemeanor counts of providing alcohol to minors.  Schuler is facing over eighty years in prison if convicted on all counts.

Attorney Gabe Moorman makes another appearance on Fox45

Click the link below to see Gabriel Moorman, Esq., discuss the Schuler and Israel cases with Dayton’s Fox45/ABC22 morning news team.  Be sure to tune in this Thursday, October 27th, 2011, as Gabe sits down, again, with Meghan Mongillo to talk about the conclusion of the Stacy Schuler case out of Warren County, Ohio.

http://fox.daytonsnewssource.com/shared/newsroom/morning/videos/vid_404.shtml

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

Diehl & Hubbell’s Gabe Moorman visits with Meghan Mongillo of Fox 45

Please click the below link for access to the live interview on July 21st, 2011.  Mr. Moorman discusses the Stacey Schuler and Marcus Israel cases with Meghan Mongillo at the ABC22/FOX45 studio in Dayton.

Dayton’s News Source :: Good Morning – Local Attorney Insight on Stacy Schuler Case: http://t.co/W4b17wi

 

You can also find us on our website at http://www.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.