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.

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.

Protecting Your Furred Friend Posted By : Ronald Hudkins
Over views the care considerations for pets after their owner dies and possible alternatives to their owners estate planning and subsequent assurance the well being of their pets will remain important.

Estate Planning - The Life Estate Posted By : Ronald Hudkins
Over views the life estate and despite its age, we review its value in modern day estate planning and assets management schemes.

CRIMINAL :: Incest, sexual assault, double jeopardy

STATE v. JONATHON FREEMONT RAY, No. 33324 (BENJAMIN, J.)(Starcher, J., concurring)(Albright, J., concurring)(November 8, 2007). Affirming sentences upon multiple convictions for sexual assault, incest and other sex-based offenses imposed by the Circuit Court of Preston County. Rejecting defendant's assertion that consanguinity is an element of the offense of incest, and holding that the statutory definition of incest is met where the victims were stepchildren of the defendant's biological brother. Further rejecting the assertion that double jeopardy prevents convictions for sexual assault and incest arising from the same incident. Applying the Blockburger test to determine that each offense requires a separate element to be proven.

The Mortgage: To Pay or Not To Pay Posted By : Ronald Hudkins
Over views the advantages and/or disadvantages of paying off a property loan in the modern day.

Estate Planning - Estate Taxes Posted By : Ronald Hudkins
Over views estate tax that is assessed on property upon the time of one’s death based upon fair market values once an estate exceeds a specific taxable income.

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 – 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.

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.

CRIMINAL :: Sufficient evidence to sustain murder conviction

STATE v. THOMAS JOSEPH MACPHEE, No. 33297 (Per Curiam)(Maynard, J., concurring)(October 12, 2007). Affirming an order of the Circuit Court of McDowell County that imposed a life sentence with mercy following a jury conviction for felony murder. Rejecting appellant's argument that he was merely an accessory after the fact. Holding that the evidence was sufficient to sustain the conviction.

Jnauary term opinions summarized

Posted today were summaries of each of the 66 opinions issued in the January 2008 term of court, comprising 26 signed opinions and 40 per curiam opinions.

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.

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.