Tag Archives: lawyer

Waynesville 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 Waynesville Police Department or Warren County Sheriff can cite first time offenders into the Waynesville 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 Waynesville 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 Waynesville 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.

Waynesville Mayor’s Court is located at 1400 Lytle Road, Waynesville, Ohio, 45068.  The Court shares space with the all other Village offices.  The Court is in session on the Second and Fourth Monday’s of every month, at 5:30 p.m.  Be sure to check your ticket to ensure the proper date and time, as the Court has been known to change regular hours following long weekends.  This can also be the case following the Ohio Sauerkraut Festival or the nearby Hill Climb in Oregonia, Ohio.

Further information can be obtained at the following website:  http://www.waynesville-ohio.org/mayor’s_court.htm.

 _____________________

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 is a 1992 graduate of Waynesville High School, a 4-time State Swimming Champion, and a member of the Waynesville Athletic Hall of Fame.

Marty 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

Morrow 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 Morrow Police Department or Warren County Sheriff can cite first time offenders into the Morrow 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 Morrow 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 Morrow 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.

Morrow Mayor’s Court is located at 150 E. Pike Street, Morrow, Ohio  45152.  The Court shares space with the police department, fire department, and Village Council.  The Court is in session every other Thursday at 5:00 p.m.  Be sure to check your ticket to ensure the proper date and time, as the Court has been known to change regular hours due to time conflicts.  Further information can be obtained at the following website:  http://www.morrowpolice.com/mayor’s%20court.htm

_____________________

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

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

 _____________________

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

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

Volume V, Issue I of Thomas J. Diehl’s Accident and Injury Reporter

www.thomasjdiehl.com/ThomasJDiehl-Publications-personal-injury-warren-county–attorney#entry_39

In this issue of the Accident and Injury Reporter, Mr. Diehl answers frequently asked questions about releases. He discusses a very important Ohio Supreme Court case affecting all persons injured as a result of other persons’ negligence. And, Tom introduces you to our staff of lawyers, paralegals and administrators assisting in providing full and complete recovery for our clients injured in automobile accidents.

Run Over Our Citizens, But Don’t Mess With Our Soybeans

By:  Thomas J. Diehl (In 2008) 

   With the enactment of Senate Bill 80, damages in many tort actions 
are capped.  The jury’s determination of rightful compensation to a 
Plaintiff will be disregarded in many circumstances.  In any claim for 
damages for injury or loss to person or property, including product 
liability claims, a plaintiff who has suffered non-catastrophic or 
noneconomic damages is limited to the greater of Two Hundred Fifty 
Thousand Dollars ($250,000) or three times the economic loss,but not 
to exceed Three Hundred Fifty Thousand Dollars ($350,000). 
 
               EXAMPLE NO. 1:    Plaintiff is injured in a non-catastrophic 
motorcycle accident and incurs medical bills of Ten Thousand Dollars 
($10,000) and a wage loss of Five Thousand Dollars ($5,000), for total
special damages of Fifteen Thousand Dollars ($15,000).  The most he can 
receive for his non-economic loss (i.e. pain and suffering) is Two Hundred 
Fifty Thousand Dollars ($250,000).  3 x $15,000 = $45,000.  Plaintiff is
entitled to three times economic loss or Two Hundred Fifty Thousand Dollars
($250,000), whichever is greater.
 
               EXAMPLE NO. 2:    Plaintiff is injured in a non-catastrophic
loss and incurs medical bills of One Hundred Thousand Dollars ($100,000)
and wage loss of Twenty-Five Thousand Dollars ($25,000), for a total loss
of One Hundred Twenty-Five Thousand Dollars ($125,000).  If a jury awards
pain and suffering of Five Hundred Thousand Dollars ($500,000), that 
portion of the jury verdict will be reduced to Three Hundred Fifty 
Thousand Dollars ($350,000), because of the cap.  
 
   It seems odd that the Ohio legislature would protect 
drunk and reckless drivers at the expense of truly injured persons.  
Although the Ohio Legislature limits the recovery available to a 
plaintiff seriously injured in a car accident caused by a drunk
driver, it has made certain that producers of corn, wheat and 
soybeans injured by someone speaking badly of their products
are fully compensated.  Ohio Rev. Code §2307.81 subjects anyone
who falsely disparages an Ohio agricultural or aquacultural 
food product, to “in addition to any award of punitive damages, 
damages in an amount up to three times the amount of compensatory 
damages.”
 
    Thus, the Ohio Legislature has chosen to place a cap on the
damages a drunk driver will pay, while it subjects those that may 
dare to disparage a soybean to treble damages.

http://www.thomasjdiehl.com

 

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.

JOINT AND SEVERAL LIABILITY: TIPS FOR AVOIDING PITFALLS

By:  Tom Diehl (In 2008)

   In the last edition of the Co-Counsel Reporter, we discussed the 
pitfalls occasioned by the  recent modifications and abrogation of 
joint and several liability as set forth in SB 120.  Specifically, 
if a defendant can convince the trier of fact that a different 
defendant has some liability for the injuries sustained, the 
defendants will be liable for the overall damages only according to 
their percentage of liability.  This can have disastrous consequences 
if the “other defendant” is not a party to the suit or is judgment proof.



   To help minimize the potential for disastrous consequences, 
plaintiff's counsel should consider these strategies:

    *    File discovery early requesting the defendant to identify and 
         specify any other defendants allegedly having liability for 
         injuries caused. Consider, submitting requests for admissions 
         demanding defendant to deny the existence of other liable 
         defendants;

    *    In the initial complaint, bring claims against all potential 
         liable
         party defendants;
 
    *    When partially settling with the joint tortfeasor, release 
         only that tortfeasor;
 
    *    Consider filing a challenge to the constitutionality of 
         SB120 -- send a copy of the challenge to the Ohio Attorney 
         General. Grounds for potential constitutional challenge 
         include an argument that SB 120 violates Article II 
         Section 15 (One Subject Rule) or Article IV Section 5  
         (Separation of Powers).


   At Thomas J. Diehl & Co., LLC, we have been handling personal 
injury claims in Southwest Ohio since 1988. We regularly work with 
counsel in ethical fee sharing arrangements.  Thomas J. Diehl is a 
Fellow of the Litigation Counsel of America and a member of the
Million Dollar Advocates Forum.

http://www.ThomasJDiehl.com