Estate Planning – Considering a Second Marriage Late in Life Posted By : Ronald Hudkins
Over views estate considerations that should be accommodated as widows and widowers (with their longer life spans) increasingly meet and decide upon a second marriage. Addresses for consideration a set of unique legal questions that those getting remarried, do not often think through.

Putting Together an Estate Planning Team Posted By : Ronald Hudkins
Overviews the professional staff one should consider using to assit them in putting together their personal estate plan.

CRIMINAL, CONSTITUTIONAL :: Improper burden-shifting on ability to pay child support

STATE v. DAVID GABRIEL STAMM, No. 33505 (DAVIS, J.)(May 23, 2008). Reversing a conviction arising from the Circuit Court of Harrison County, for the felony offense of failure to meet an obligation to provide support to a minor under W. Va. Code 61-5-29. Holding, in syllabus point 5 that: "Insofar as W.Va. Code 61-5-29(3)(1999)(Repl. Vol. 2005) shifts to a defendant the burden of disproving a material element of the State's case, in violation of the due process clauses found in Article II, Section 10, of the Constitution of West Virginia, and the Fourteenth Amendment to the United States Constitution, that individual provision, severed from the remainder of W. Va. Code 61-5-29, is unconstitutional and unenforceable. W. Va. Code Sections 61-5-29(1) and (2) remain fully enforceable." Under the circumstances of the case, further holding that a jury instructions did not render harmless the constitutional error of the burden-shifting statute, because the jury instructions could have misled the jury into believing that the defendant bore the burden of proof as to his ability to pay support. Remanded for a new trial.

CRIMINAL :: Insufficient evidence to support obstruction convictions

STATE v. WANDA CARNEY and BETTY JARVIS, No. 33522 (Per Curiam)(April 25, 2008). Reversing convictions for one count each of obstructing a police officer and conspiracy to obstruct a police officer. Because the conduct was effected without force, reiterating that any obstruction conviction must be supported by conduct that is unlawful or illegal. Holding that none of the three instances cited by the State involved illegal conduct, and there was no evidence that law enforcement's investigation was impeded. Because there is no evidence to support the obstruction convictions, the conspiracy conviction fails as well.

Estate Planning for the Intangibles (Digital Assets) Posted By : Ronald Hudkins
Over views questions surrounding intangible digital assets as a relative consideration to ones estate planning needs.

CRIMINAL, JUVENILES :: Separate charges subsequent to transfer

STATE v. JAMES LEE BROOKS, III, No. 33662 (ALBRIGHT, J.)(Starcher, J., concurring in part and dissenting in part)(May 23, 2008). Affirming jury convictions arising from the Circuit Court on Monongalia for the offenses of conspiracy to commit first-degree robbery, malicious assault, and conspiracy to commit malicious assault. (This case was granted only as to a single assignment of error.) Rejecting appellant's contention that his transfer from juvenile to adult jurisdiction solely on the charge of first-degree robbery precluded indictment on additional related charges, because those charges were formally not part of the basis for the original transfer. Holding, in syllabus point 2, that where the transfer is mandatory under W.Va. Code 49-5-10(d)(2)(2001)(Repl. Vol. 2004) "there is no statutory impediment that prevents the State form charging the juvenile by indictment with offenses that were not included in the transfer motion and/or hearing provided those additional offenses flow from the same factual allegations of criminal activity that were the subject of the transfer hearing."

CRIMINAL :: Negligent homicide

STATE ex rel. NELSON, Prosecuting Attorney v. FRYE, No. 33499 (Per Curiam)(November 8, 2007). Denying a writ of prohibition sought to prevent dismissal of negligent homicide charges following a logging truck accident that resulted in the death of another driver. Holding that where the evidence showed that the truck driver was in excess of the recommended speed, but not over the speed limit, there was insufficient evidence of reckless disregard to sustain the charges.

Estate Planning - Protecting Your Spouse Posted By : Ronald Hudkins
Over views considerations that must be made to make sure assets are not taken away from your spouse upon your passing.

Estate Planning Isn’t All About Lawyers Posted By : Ronald Hudkins
Looks at the schooled professionals’ one might choose when considering an estate planning team to protect their estate and protect assets. Provides considerations one should think about if considering the use of prefab software packages and forms.

Durable Power of Attorney - “scope of the agency” Posted By : Ronald Hudkins
Over views the durable power of attorney which allows an agent to act on asset matters should a principle be alive yet unconscious for an extended period of time.

CRIMINAL :: Numerous errors rejected, second degree murder

STATE v. ERIC ALLEN FOSTER, No. 33323 (Per Curiam)(Benjamin, J., disqualified)(Moats, Judge, by temporary assignment)(November 19, 2007)(Rehearing denied, January 10, 2008). Affirming an order of the Circuit Court of Nicholas County imposing two consecutive forty-year sentences upon jury conviction for two counts of second degree murder. Rejecting assertions that there was insufficient evidence of intent. Further holding that certain jury instructions and selection of certain jurors did not constitute plain error, and that there was no per se ineffective assistance of counsel.

Celebrex Class Action Suits - Regaining Power For The People
The first Celebrex class action suit to be filed is believed to be the one submitted in Illinois, in December 2004. That same month, Pfizer announced that a recently performed clinical trial revealed that those taking Celebrex were at increased risk - over two times that incurred by taking a placebo - of experiencing a major cardiovascular episode. It would seem that the Illinois class action suit will be only the first of many. And yet Celebrex remains on the market. Most drugs that we take ar ...