The United States Supreme Court has issued a pro-rights decision in Arizona v. Grant.  Read the decision here: http://www.supremecourtus.gov/opinions/08pdf/07-542.pdf

The Supreme Court upheld a decision by the Arizona Supreme Court in the case of Rodney Gant, who was handcuffed in the back of a patrol car when police searched his car and found cocaine and drug paraphernalia. The trial court said the evidence could be used against him, but the Arizona appeals court overturned Gant's conviction because the police were under no threat for their safety and there was no possibility of evidence being destroyed.  The Supreme Court agreed.

The line up of the decision is also cause for hope as Justices Scalia and Thomas are in the majority but Breyer dissents.

A sobriety checkpoint is scheduled for Trotwood this weekend.  It will be conducted by the Montgomery County OVI Task Force, the Montgomery County Sheriff's Office and the Trotwood Police.  Check www.DaytonDailyNews.com for on Friday April 24, 2009 for details.  You may find yourself facing charges in the Montgomery County Area One Court, 195 S. Clayton Rd., New Lebanon, Ohio 45345-9601.  You can contact the court at 937-687-9099.  The Judges you may go before are: Presiding Judge James A. Manning, Judge James A. Hensley, Jr., Judge James D. Piergies, Judge Connie Price and Judge Adele Riley.  Go here to visit their online public documents: http://www.mccountycourts.org/PRO/

Greene County Courthouse

The Greene County Courthouse was designed by architect Samuel Hannaford and built in 1902. Located at 45 North Detroit St. in the county seat of Xenia, the building is still in use and today houses the Greene County Court of Common Pleas and its probate court.

The courthouse features Richardsonian Romanesque style architecture and is made of solid Bedford stone. Above the main courtroom is a large, 18-foot-by-10-foot stained glass window titled “Justice is Blind.” The structure survived a tornado in 1974 with very little damage; however, the town of Xenia was heavily damaged and 34 people were killed.

Greene County is named after Revolutionary War Gen. Nathaniel Greene, considered to be George Washington’s most talented officer. Greene presided over the court that condemned Major John Andre to death in 1781.  There are three counties in Ohio named for the captures of the spy John Andre.

Source: Ohio Supreme Court (great stuff): http://www.supremecourt.ohio.gov/Courthouses/greene.asp

This year has been one of growth for the law firm of Brown, Rowland, Babb & Campbell.  We have welcomed Patricia Campbell (www.OhioDivorceAttorney) who practices family law.  We are at it again!  This week Zachary Bushatz will join our firm practicing Bankruptcy law (www.DaytonBankruptcyAttorney.com). 

BIOGRAPHY OF ZACHARY BUSHATZ

Zachary Bushatz was raised in Marion, Ohio. He graduated from Ohio Northern University with a triple major in History, Political Science and Criminal Justice, magna cum laude. While in undergrad, Mr. Bushatz received the Walter Pengry Rogers Award for outstanding academic achievement. Mr. Bushatz was also a four year member of the Ohio Northern Mock Trial Team, on which he won numerous awards including Best Attorney and Best Witness.

Mr. Bushatz attended Ohio Northern University Pettit College of Law on the Dean's Merit Scholarship. While in law school, Mr. Bushatz was a member of Moot Court. During his second year of law school he was a team member of the New York Bar Association Traveling Team. Mr. Bushatz was an Associate Justice on the Moot Court Executive Board his third year.

While in law school, Mr. Bushatz also worked extensively in the area of bankruptcy. He was a legal extern for bankruptcy Judge Richard Speer at the Northern District of Ohio in Toledo. He also worked for a chapter 7 trustee and an attorney that focused on representation of debtors.

"This kind of war, you've gotta believe in what you're fighting for."
-John Wayne-

The Hidden Law does not deny
Our laws of probability,
But takes the atom and the star
And human beings as they are,
And answers nothing when we lie.

It is the only reason why
No government can codify,
And verbal definitions mar
        The Hidden Law.
Its utter patience will not try
To stop us if we want to die:
When we escape It in a car,
When we forget It in a bar,
These are the ways we’re punished by
        The Hidden Law

Today, I am leaving for the 16th annual "Mastering Scientific Evidence in DUI/DWI Cases" which takes place in beautiful New Orleans, Louisiana.  This three-day seminar will cover topics such as GERD: How it causes false positive results; Disconnect Defenses; Source Code updates; Ignition Interlock devices and the Rising Alcohol Defense.  The seminar will culminate with a mock trial of a breath test case.  If you have any questions for me please call my 24-hour number at 937-776-2671 and I will get back to you.

Montgomery County Courthouse

The Montgomery County Courthouse was designed by architect Howard Daniels and built in 1850. Located at 41 North Perry St. in the county seat of Dayton, the building today houses the Montgomery County Historical Society.

The courthouse features Greek Revival style architecture and is constructed of limestone quarried from the Dayton area.  The stonecutters for this project worked the limestone as if it were done in ancient Egypt, using saws, sand and water. The courthouse was known as the “temple of justice.”

Montgomery County is named after Revolutionary War Gen. Richard Montgomery.  The courthouse was placed on the National Register of Historic Places in 1970.

This information can be found at the Ohio Supreme Court web site.  http://www.supremecourt.ohio.gov/Courthouses/montgomery.asp They have done a great job collecting data on each of the courthouses.  Since America does not build churches our courthouses should be cathedrals of justice.

State v. Hoder, 4/6/2009, 2009-Ohio-1647, 9th District Court of Appeals
View Court Published Official Document

The Defendant in this case was arrested for drunk driving and submitted to a urine test.  The test was properly marked and placed in the property refrigerator.  Two days later the urine test was removed and placed in a bag to be sent to the lab.  It arrived at the lab two days later.  The Defendant filed a motion to suppress and the court overruled his motion.  Upon appeal the 9th District REVERSED finding that the State had failed to establish substantial compliance based on the testimony at the motion.

The law offices of Brown, Rowland, Babb & Campbell wish you a happy Easter weekend, a meaningful Passover celebration or a joyful welcoming of spring.  Our offices will be closed on Good Friday, but will re-open on Monday, April 13 at 9:00 a.m. 

WASHINGTON, April 8 /PRNewswire-USNewswire/ -- A new economic impact study shows America's beer industry, made up of brewers, beer ...   more »

State v. McFeely, 3/30/2009, 2009-Ohio-1436, 11th District Court of Appeals:

Every prosecuting attorney is taught that they must prove each and every element of the offense including venue, jurisdiction, identification, date and time.  Well, maybe not.  The Eleventh Dist. Court of Appeals recently held (in a DUI case of course) that date was not an essential element of the offense.  Once again, courts make getting convictions easier for the police and the prosecution.

The Allen County Courthouse was constructed in 1882 at a cost of $213,167. The building, designed in Victorian architecture by George H. Maetzel, is constructed of brick, stone and marble. A major addition was made to the building in 1990 that included courtrooms, a jail and the sheriff’s office.

Located at 301 N. Main St. in the county seat of Lima, the courthouse today houses the Allen County Court of Common Pleas and its domestic relations and probate divisions. The county and courthouse are named after Ethan Allen, a soldier of the Green Mountain Boys who fought in both the French and Indian War and the American Revolutionary War.

In 1933, the Allen County Courthouse was brought into the national spotlight when a prisoner named John Dillinger was freed after gang members shot and killed the Allen County sheriff. The courthouse was placed on the National Register of Historic Places in 1974.

Source:http://www.sconet.state.oh.us/Courthouses/allen.asp

NEWARK, Ohio (AP) - Authorities in Ohio say a man has been charged with drunken driving after crashing his motorized bar stool. Police in Newark, 30 miles east of Columbus, say when they responded to a report of a crash with injuries on March 4, they found a man who had wrecked a bar stool powered by a deconstructed lawn mower. Twenty-eight-year Kile Wygle was hospitalized for minor injuries. Police say he was charged with operating a vehicle while intoxicated after he told an officer at the hospital that he had consumed 15 beers. Wygle told police his motorized bar stool can go up to 38 mph. Wygle has pleaded not guilty and has requested a jury trial.

www.wdtn.com/dpp/news/WDTN_Ohio_man_charged_with_DUI_on_bar_stool

Satisfaction does not come with achievement, but with effort. Full effort is full victory.
Mahatma Gandhi

George, the surly Scottish bartender, asks the the Hillbilly, who is sitting at the bar, 'What'll you have, m'lad?'  Hillbilly answers, 'Ah, I'll have a single-malt 12 year old scotch, please.' George hands him the drink, and says, 'That'll be $17.50,' to which the Hillbilly splutters, 'What are you talking about? I don't owe you anything for this.'  Charlie, the helpful lawyer, sitting nearby and overhearing the conversation, then says to George, the bartender, 'You know, he's got you there. In the original offer, which constitutes a binding contract upon acceptance, there was no stipulation of remuneration.'

George was singularly unimpressed, so he says to the Hillbilly, 'OK, you beat me for a drink. But don't ever let me ever catch you in here again.'  The next day, the Hillbilly again, walks into the bar. George explodes, 'What in the blazes are you doing in here? I can't believe you've got the audacity to come back!  'The shocked Hillbilly says, 'What are you talking about? I've never been in this place in my life!'  George looks at the Hillbilly closely and mutters, 'I'm sorry, but this is uncanny. You must have a double.  'The Hillbilly, without missing a beat says, 'Thank you, bartender. Make it a single-malt 12 year old scotch.'

The Emperor of Ice-Cream
Call the roller of big cigars, The muscular one, and bid him whip In kitchen cups concupiscent curds. Let the wenches dawdle in such dress As they are used to wear, and let the boys Bring flowers in last month's newspapers. Let be be finale of seem. The only emperor is the emperor of ice-cream. Take from the dresser of deal. Lacking the three glass knobs, that sheet On which she embroidered fantails once And spread it so as to cover her face. If her horny feet protrude, they come To show how cold she is, and dumb. Let the lamp affix its beam. The only emperor is the emperor of ice-cream.

Middletown police will coordinate with the highway patrol for a local DUI checkpoint on March 27. The checkpoint location will be released earlier that day. 

If you need to contact the Middletown Muncipal Court, One Donham Plaza, Middletown, OH 45202, 513-425-7730.  As of the writing of this article, the Middletown Municipal Court has no web site.

Cannabis / Marijuana ( Δ ⁹ -Tetrahydrocannabinol, THC)

Marijuana is a green or gray mixture of dried shredded flowers and ...   more »

The Fairborn/Beavercreek Municipal Court is located at 1148 Kaufmann Ave, Fairborn, Ohio 45324.  The telephone number for the court is (937) 754-3040, Fax (937) 879-4422.  The normal business hours for the court are 7:30 a.m. for 4:00 p.m.  The jurisdiction of the court includes Beavercreek, Beavercreek Township, Fairborn and Bath Township.

If you are looking for a case in the Fairborn/Beavercreek Municipal Court visit the Court's web site here: http://ci.fairborn.oh.us/court.htm.  The Court also posts a list of its common fees on their site.

The Judge of the Fairborn/Beavercreek Municipal Court is the honorable Beth Root who was elected in 2007 to a six year term.

Anti-Drunk Driving PSAs have been a part of our culture for over a generation.  Here is one of the all-time greats.  Listen for the drunk wookie!

1. BY THE PROSECUTOR
1. Badgering and harassing the defendant or one of the defendant’s witnesses
2. Referring to inadmissible evidence
3. Forcing the defense to continually object to irrelevant evidence
4. Uncorrected misstatements of law
5. Discovery violations, including violations of the continuing obligation to disclose information, if so provided by state law.
2. BY THE JUDGE
1. Prejudicial statements
2. Reference to or mention of inadmissible evidence
3. Stating the judge’s own opinion so as to invade the province of the jury
4. Asking questions and making objections for one side so as to invade the province of the attorneys
5. Ex parte communication with a juror
3. BY THE JURY
1. The consideration of extraneous evidence
2. Accepting bribes
3. Talking to witnesses or parties.

 

 

There are two "jails" in Greene County which are run under the authority of the Greene County Sheriff's Department (http://www.co.greene.oh.us/sheriff/).  The Greene County Jail is a 130 bed, full-service facility built in 1969.  You may hear this facility called the "old" jail or the "downtown" jail as it is located at 77 E. Market St., Xenia, Ohio, behind the Greene County Court of Common Pleas.  You can call the Greene County Jail at 937-562-4842.

The second, newer facility is the Adult Detention Center located at 2295 Greenway Blvd., Xenia, Ohio 45385.  The ADC (as it is known) is a 236 bed minimum/medium supervision facility opened in May 2000.  Contact the Greene County Adult Detention Center at 937-562-5842. 

To learn how to find an inmate within the Greene County Jail or the Greene County Adult Detention Center visit the Greene County Sheriff's Jail page here: www.co.greene.oh.us/sheriff/sh_jail.htm.  Here you can also learn how to deposit money on an inmate's account.  You can email the jail division of the Greene County Sheriff's office here: eprindle@co.greene.oh.us

The American Beverage Institute is an industry-sponsored advocacy group that has stood up to Mother Against Drunk Drivers and their campaing for roadside checkpoints. The beverage group says that the National Highway Traffic Safety Administration and Mothers Against Drunk Driving (MADD) should back off from the roadblocks and instead support roving patrols to catch heavy drinkers.

"By promoting sobriety checkpoints, MADD and NHTSA are ignoring the root cause of today's drunk driving problem - hard core alcohol abusers,'' ABI managing director Sarah Longwell said in a statement.

"Because they are highly visible by design and publicized in advance, roadblocks are all too easily avoided by the chronic alcohol abusers who comprise the core of today's drunk driving problem,'' Longwell said. "That leaves adults who enjoyed a beer while watching a game or a glass of wine with dinner to be harassed at checkpoints.''

HARRISON TWP., Montgomery County — Nine arrests on a charge of operating a vehicle while intoxicated were made during a sobriety checkpoint Saturday and Sunday, March 14 and 15, the Montgomery County Sheriff's Office said.

The checkpoint, conducted from 9 p.m. Saturday until about 2 a.m. Sunday on Ohio 48, also tallied 20 citations on charges of driving under suspension and having no driver's license, the sheriff's office said.

The checkpoint also tallied approximately 13 seat belt violations, one child restraint violation, 15 other traffic violations and one misdemeanor arrest.

The Ohio Highway Patrol and the Montgomery County Combined Agency O.V.I. Task Force also participated.

Source: http://www.daytondailynews.com/n/content/oh/story/news/local/2009/03/16/ddn031609ovicheckpoint.html