Tag Archives: criminal

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

Advertisements

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.

 

Next up in the Ryan Widmer case.

By Marty Hubbell

What’s next in the Ryan Widmer case?  Expect the defense to file a motion for a new trial in the next few days.  This motion must be filed within 14 days of the verdict that was rendered on February 15, 2011.

This motion is critical for Widmer’s case, and is separate from the appeal of his actual murder conviction.  His appeal would be to the 12th District Court of Appeals in Middletown, Ohio; the motion for a new trial would be heard by Judge Bronson in the Warren County Common Pleas Court.  The appeal will not be filed until the upcoming motion is resolved in the trial court.

Why is this motion for a new trial important?  The 12th District Court of Appeals is probably the most conservative appellate court in the State of Ohio; less criminal convictions are overturned in this court than in any other appellate district.  If he cannot persuade Judge Bronson to grant him a new trial, it is likely that the next significant hearing for Ryan Widmer will occur in about 14.5 years, at his first parole hearing.

The defense attorneys are scrambling to find any and all evidence they can to support the motion.  From the press releases thus far, it appears that they are going to try to argue some form of juror misconduct.

Ryan Widmer III

By:  Marty Hubbell

Ryan Widmer’s third trial for the murder of his wife, Sarah, is scheduled to begin on Tuesday, January 18, 2011, in the Warren County Common Pleas Court in Lebanon, Ohio.  Judge Bronson is again presiding.

The first trial ended in a conviction that was overturned due to juror misconduct.  The jury in the second trial was unable to reach a unanimous verdict, which resulted in a mistrial.

I am often asked my opinion on this case.  I’ve spoken to folks on both sides; each is passionate one way or the other.  I am not.  I have paid close attention to this case, but I have not seen all of the evidence or heard all of the witnesses.  From those I have spoken to in the legal community, most believe reasonable doubt exists.

So why has the overwhelming majority of jurors believed that Ryan Widmer is guilty of murdering his wife?  I do have an opinion on that:  I just don’t think he’s likeable.

Before the second trial, jurors were brought in to determine if they could serve for an extended period of time.  I happened to be at the courthouse, for other cases.  In front of Judge Bronson’s courtroom, I saw Ryan Widmer laughing and joking around with a friend.  This went on for awhile, in full view of the potential jurors.

I also sat in on portions of the first two trials.  I observed Ryan Widmer’s behavior, demeanor, and reaction to witness testimony.  He left me with the impression that he was a bit snarky.

So what does this have to do with the Widmer case?  Like it or not, defendants are on trial the minute they pull into the court parking lot.  It was clear the possible jurors recognized Ryan Widmer.  They knew they were there to potentially serve as jurors in a case, where he is accused of killing his wife.  In other words, they were there to address a serious matter; he was there goofing around.

I have no idea what this third jury will do.  But it would certainly behoove Ryan Widmer to act more appropriately.

Marty Hubbell Named Partner at Diehl & Hubbell, LLC

January 10, 2010      http://www.western-star.com/news/lebanon-oh-press-releases/view-press-release/?p=15052

FOR IMMEDIATE RELEASE:

Waynesville native Marty Hubbell has been named a partner in the law firm of Diehl & Hubbell, LLC located in Lebanon, Ohio.

Marty is a graduate of Waynesville High School, the University of Texas, and the University of Dayton School of Law. He has practiced law in Warren County for ten years, focusing in the areas of personal injury, domestic relations, civil litigation, and criminal defense.

Thomas J. Diehl is the managing partner of Diehl & Hubbell, LLC. Mr. Diehl has practiced law in Ohio for over 20 years, and focuses his practice on representing persons injured in serious motor vehicle accidents.

The firm represents clients in all parts of Southwest Ohio, including Warren, Butler, Montgomery, Clinton, Clermont, Greene, and Hamilton Counties.

______________________________