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 :: Proportionality of 212 year sentence; effectiveness of habeas counsel waived

STATE EX REL. FREDERICO HATCHER v. McBRIDE, Warden, No. 33244 (Per Curiam)(November 9, 2007). Affirming an order of the Circuit Court of Cabell County that denied a post-conviction habeas corpus petition. Holding that the 212 year sentence for a single count of aggravated robbery was within statutory limits and that the circuit court properly took into account the defendant's extensive and escalating criminal history. Deeming the defendant's skeletal argument regarding ineffective assistance of habeas counsel to have been waived, given the absence of supporting arguments or authority.

CRIMINAL, EVIDENCE :: Proffer inadequate to defeat rape shield

STATE v. JOSHUA C. WEARS, No. 33529 (Per Curiam)(June 26, 2008). Affirming a conditional guilty plea arising from the Circuit Court of Putnam County for one count of Third Degree Sexual Assault. Holding that the circuit court properly excluded certain evidence related to prior sexual conduct of the victim, where despite ample opportunity the defendant did not produce a proffer of evidence that was adequate to overcome the rape shield statute.

Deeds Variation - The 2 Year Rule
Deeds of Variation - The 2 Year Rule Introduction I recently received a query from a practicing solicitor asking for advice on using Deeds of Variation. The solicitor in question was acting on behalf of clients who wished to alter the terms of their father's Will to afford a fairer disposition of the assets amongst family members. Ordinarily this would one of the situations where a Deed of Variation could be employed. However, the testator's death was 6 years ago. The query was despite the la ...

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."

Accident At Work - Who's In Charge, You, Or The Company?
An accident at work is impossible to avoid! If it happens, it happens. It's something you didn't plan and it's an incident you have to live with. There's over 70% of the population working on business premises, if not, it's business transports. So be warned now as accidents never sleep. Work accidents are not common as there is a huge impact from Health and Safety. Checks are carried out periodically to ensure a workplace is free from hazards, to prevent accidents. If however, they do occur, th ...

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 :: Sufficient evidence to support sexual abuse by custodian

STATE v. KENNETH RAY COLLLINS, No. 33300 (Per Curiam). Affirming a conviction and sentence imposed by the Circuit Court of Mingo County upon conviction for one count of sexual abuse in the third degree and one count of sexual abuse by a parent, guardian or custodian. Holding that the record ñ- including evidence that the defendant "controlled and supervised the eleven year old girl on numerous, albeit temporary, occasions when he would take her away from home to go riding on his four-wheeler" -- reveals a sufficient basis for the jury to conclude that the defendant met the statutory definition of custodian.

Estate Planning - Gender Issues Meet Social Security Posted By : Ronald Hudkins
Over views pay disparity within the Social Security Pension Plan between the male and female workforce within the United States. Highlights some of the causes of the disproportionate retirement allowances.

Choosing an Estate Planning Attorney Posted By : Ronald Hudkins
Over views considerations one should think about when selecting an estate planning attorney. Directs one to places on the Internet where one can review possible attorney selections.