Marty Hubbell Named Partner at Diehl & Hubbell, LLC
FOR IMMEDIATE RELEASE:
Waynesville native Marty Hubbell has been named a partner in the law firm of Diehl & Hubbell, LLC located in Lebanon, Ohio.
Marty is a graduate of Waynesville High School, the University of Texas, and the University of Dayton School of Law. He has practiced law in Warren County for ten years, focusing in the areas of personal injury, domestic relations, civil litigation, and criminal defense.
Thomas J. Diehl is the managing partner of Diehl & Hubbell, LLC. Mr. Diehl has practiced law in Ohio for over 20 years, and focuses his practice on representing persons injured in serious motor vehicle accidents.
The firm represents clients in all parts of Southwest Ohio, including Warren, Butler, Montgomery, Clinton, Clermont, Greene, and Hamilton Counties.
Check out our blog @ www.DiehlHubbell.wordpress.com.
A lawyer's perspective on the Ryan Widmer Trial
By: Marty Hubbell
Ryan Widmer's third trial for the murder of his wife, Sarah, is scheduled to begin on Tuesday, January 18, 2011, in the Warren County Common Pleas Court in Lebanon, Ohio. Judge Bronson is again presiding.
The first trial ended in a conviction that was overturned due to juror misconduct. The jury in the second trial was unable to reach a unanimous verdict, which resulted in a mistrial.
I am often asked my opinion on this case. I've spoken to folks on both sides; each is passionate one way or the other. I am not. I have paid close attention to this case, but I have not seen all of the evidence or heard all of the witnesses. From those I have spoken to in the legal community, most believe reasonable doubt exists.
So why has the overwhelming majority of jurors believed that Ryan Widmer is guilty of murdering his wife? I do have an opinion on that: I just don't think he's likeable.
Before the second trial, jurors were brought in to determine if they could serve for an extended period of time. I happened to be at the courthouse, for other cases. In front of Judge Bronson's courtroom, I saw Ryan Widmer laughing and joking around with a friend. This went on for awhile, in full view of the potential jurors.
I also sat in on portions of the first two trials. I observed Ryan Widmer's behavior, demeanor, and reaction to witness testimony. He left me with the impression that he was a bit snarky.
So what does this have to do with the Widmer case? Like it or not, defendants are on trial the minute they pull into the court parking lot. It was clear the possible jurors recognized Ryan Widmer. They knew they were there to potentially serve as jurors in a case, where he is accused of killing his wife. In other words, they were there to address a serious matter; he was there goofing around.
I have no idea what this third jury will do. But it would certainly behoove Ryan Widmer to act more appropriately.
The newest issue of Tom Diehl's Personal Injury Co-Counsel Reporter
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Online and Social Media Marketing Blog
By: Gabe Moorman
As a newly minted Ohio Attorney, I am beginning to understand the importance of legal marketing. Most attorneys in Ohio would agree that an online presence is crucial in developing name recognition and bringing in new clients for your firm. Law firm websites, Facebook groups, Twitter accounts, LinkedIn groups, and legal blogs are a great way to reach the public.
The use of social media for law firm advertising has increased substantially over the last year or two. And, rightly so, as the use of social media by prospective clients has skyrocketed. Along with opening up the phone book, clients in need of legal assistance are logging in to search engines such as Google, Yahoo, or Bing. They are also likely to see the ads on Facebook and the up-to-date thoughts on Twitter and legal blogs. This provides lawyers with an opportunity to reach an even greater number of clients.
However, while marketing and networking with other lawyers and prospective clients are important in developing a successful law practice, nothing attracts (and keeps) clients like providing excellent legal services.
For those attorneys who are hesitant to log on and sign in, you may want to consider the positive impact of developing an online presence.
And don't forget our website, at http://www.DiehlHubbell.com
January 26th, 2011 - Widmer Re-trial Resumes
By: Gabriel Moorman
As I walked out of the Warren County Common Pleas Court in Lebanon, Ohio, this morning, the mood was tense. I had been at the courthouse for a hearing of my own, and couldn't help but notice the frenzy of reporters and news cameras in and around the area. Virtually every news station in Dayton and Cincinnati was there.
Ryan Widmer, the husband accused of murdering his young wife, was standing in the hallway next to the lobby. He was surrounded by his legal team and a number of supporters. Widmer looked tired and scared. Unlike his previous days at court, he wasn't laughing. Nor was he smiling. I wonder if something has changed for Ryan Widmer? Maybe he is starting to realize the gravity of this trial - what has been lost, and what is at stake.
I wonder if this attitude change is related to the mystery witness? Is her testimony as damaging as the prosecution seems to suggest? Her role in this ever increasing drama may be pivotal - and, at the least, very interesting.
Diehl & Hubbell Associate, Gabriel Moorman, to appear on Dayton's FOX-45 "In the Morning" Live TV Broadcast
By: Gabe Moorman
I have been asked by Meghan Mongillo, Dayton's Fox-45 "In the Morning" co-anchor, to be a guest on their live TV broadcast. I will be answering questions regarding the law and commenting on some of the high profile legal cases in Southwest Ohio. Specifically, we will be discussing the Ryan Widmer and Stacy Shuler cases.
The Widmer trial is approaching its final stage, as the attorneys for both sides will offer their closing arguments on Monday, February 14, 2011. The jury will then begin its deliberation and a verdict will be read by the bailiff at the Warren County Court of Common Pleas in Lebanon, Ohio. It is likely that people from across the country will be listening intently - as will I.
The Shuler trial has not yet started, but interest in the case has been very high from the start. Ms. Shuler was recently indicted on nineteen felony counts of sexual battery along with three misdemeanor counts. She stands accused of having sexual contact with five Mason High School students, most of them believed to be on the football team. Shuler, who recently resigned as a physical education teacher and athletic trainer, has been released and is currently living with her parents pending her trial. Stacy Shuler has been ordered to wear an electronic monitoring device and have no contact with any of the alleged victims or any minors.
I am excited to join Ms. Mongillo at the Fox-45 studio in Dayton and hope to share some interesting and informative perspectives. Please tune in from 7:00 to 9:00 AM.
Ryan Widmer Trial Update - The Jury Deliberates
By Marty Hubbell
Closing arguments ended today in Ryan Widmer's third trial for the murder of his wife. This was the attorneys' opportunity to tell the jury what they believed the evidence showed throughout the case. The jury will be instructed that the arguments of counsel are not to be considered as evidence.
After closing arguments the judge read the jury instructions and the jurors entered the jury room for deliberations. All of the exhibits will accompany them, together with the verdict forms.
Some thoughts on the Widmer case:
1. Truth really is stranger than fiction. This case has a lead detective who lied on his police application, a surprise witness that used to work in an Iowa strip joint, a third murder trial, and a married female witness who flew in from Seattle to support the defendant. And, of course, an expert who worked on the Kennedy assassination and testified at the O.J. Simpson murder trial.
2. The State's surprise witness, Jennifer Crew, testified that Ryan Widmer confessed the murder to her. This witness walked into court with quite a bit of baggage. But the State had to call her as a witness, as a confession will certainly make jurors' ears perk up.
That being said, her credibility is in question based upon her prior criminal record and past life choices. I spoke to multiple people in the courtroom during her testimony, and they gave her testimony a grade from lukewarm to good.
3. I think the defense team doesn't expect a NOT GUILTY verdict. They would like one, but such a finding will be even more difficult after the confession testimony from Jennifer Crew. Keep in mind, in the two previous trials, depending on which version you believe, either 22/24 or 20/24 jurors have voted GUILTY at the end of the day.
My guess is the defense would be tickled pink to have another hung jury.
4. People ask me whether Ryan Widmer should testify. The answer: hell no. Rest assured that throughout the three trials Ryan has been prepped and coached to testify, just in case. My guess is that he has done very poorly in these practice examinations.
5. One of the confusing parts of the Law is reconciling guilt with proof. It is entirely possible that a person can be guilty of an offense, but the State lacks the ability to prove guilt beyond a reasonable doubt.
When would this happen? All the time. This morning I drove to the airport with almost no traffic on the road. A portion of I-71 near downtown Cincinnati has a 55 m.p.h. speed limit. I sped. Although I am technically guilty of this offense, without additional evidence the State would never be able to prove my guilt beyond a reasonable doubt (even with my admission!).
A defendant is presumed innocent of a crime. The State carries the burden to prove guilt beyond a reasonable doubt. If that burden is not met, it is a juror's duty to sign the NOT GUILTY verdict form. Suspicion or 'probably did it' does not suffice.
6. freeryanwidmer.com was a website created to assist Ryan Widmer in the defense of his case. This is also the website used by the State's surprise witness, Jennifer Crew, to get in touch with Ryan. The only real new evidence in this third trial is her testimony. If convicted, how ironic would it be that the group formed to raise money for Ryan Widmer assisted in his ultimate conviction?
Martin Hubbell Comments on Widmer Trial: Day 2 of Jury Deliberations
By Marty Hubbell
The Ryan Widmer jury deliberations continue into the second day.
I was in the courthouse this morning, and saw the bathtub that the jurors must walk past to get to the jury room. I'm sure that is a sobering thought as they begin their deliberations.
Yesterday the prosecution requested that Judge Bronson read an instruction on the lessor offense of involuntary manslaughter. The defense objected, but secretly I think they welcome this option.
If the jury cannot reach a unanimous verdict on the murder charge, they then can discuss the lessor charge of involuntary manslaughter. Oftentimes, this scenario leads to what is called a compromise verdict. In my experience, when given two options, and the case is not open-and-shut, juries will choose the lessor charge as a compromise.
This has already happened in this case. In the first Widmer trial, the jury was presented with two options: aggravated murder and murder. They found him not guilty of aggravated murder but guilty of murder.
In the second trial, the jury just had to consider the murder charge. Depending on which report you believe, the jury was deadlocked 8-4 or 10-2 in favor of guilt.
Now, the jury will consider the murder charge and the lessor charge of involuntary manslaughter. I think this jury will reach a verdict, and most likely on the lower charge.
What does this mean for Ryan Widmer? On the murder charge he is facing a mandatory sentence of 15 years to life in prison. On the manslaughter charge he is facing one to five years in prison. Given that he has no prior record, the Court could consider placing him on community control (probation), with no additional jail/prison time.
Ryan Widmer Found Guilty of Murder.
By: Gabe Moorman
Warren County Court of Common Pleas Judge Neal Bronson read the verdict at about 5:00PM today after approximately twelve hours of jury deliberation.
As Ryan Widmer sat waiting, not looking, with his head down on top of his cross-fingered hands, Judge Bronson delivered the news:
Not of involuntary manslaughter, the lesser included offense of which the jury could consider, but murder. Cold-blooded, intentional murder. In other words, the jury found that to a degree of certainty beyond a reasonable doubt, Mr. Widmer purposefully killed his wife, Sarah Widmer.
This conviction calls for a mandatory sentence of fifteen years to life in jail. This tragic saga has come to an end - finally.
Although this trial and controversy played out like a tv show or a soap opera, it was far from it. The convicted, the victim, her family and his family are real people. I think it is important that we remember to be considerate and respectful toward all of the individuals involved. Their dignity as human beings is immutable.
That summer night back in August of 2008 has, in effect, taken not one, but two lives. It just took two and a half years to realize. My heart goes out to Sarah Widmer's family in this most difficult of times. We can only hope that justice was served.
For a summary of the Widmer trial and my thoughts on the verdict, tune in to Dayton's FOX45 In The Morning from 7:00 to 9:00 AM tomorrow, Wednesday, February 16th, 2011.
Tom Diehl Offers Tips for Avoiding the Pitfalls of Joint and Several Liability
What's Next For Ryan Widmer? by Marty Hubbell
Tom Diehl Releases Issue #34 of his Co-Counsel Reporter
Check out "It Ain't Over Yet", by Thomas J. Diehl. Mr. Diehl discusses tactics to combat the Ohio Supreme Court's decision in Robinson v. Bates.
Volume V, Issue I of Thomas J. Diehl's Accident and Injury Reporter
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.
New Plea for Former Mason High School Gym Teacher
July, 13th, 2011:
Stacy Schuler has entered a plea of not guilty by reason of insanity. Click the link above for more information about the case on Ohio's Legal Blog.
Attorney Gabriel Moorman interviewed live on FOX 45 by Meghan Mongillo
Dayton's News Source :: Good Morning - Local Attorney Insight on Stacy Schuler Case: http://t.co/W4b17wi
Are you a Bulldog Lawyer? By Marty Hubbell
Please click on the below link to access the newest blog post by D & H partner, Martin Hubbell. Marty shares his thoughts on the value of an advocate's un-applied aggression.
Martin Hubbell named 2012 Rising Star by his peers!
Thomas J. Diehl Releases New Book!
Martin E. Hubbell: Top 40 Trial Lawyer Under Age 40
Click on the above link to find out more about Marty's selection into The National Trial Lawyers Association: Top 40 under 40.
Congratulations, Mr. Hubbell!
Diehl & Hubbell Welcomes New Associate!
Click the following link to read more about McGuire A. Griffin, the firm's newest associate attorney.
Gabriel Moorman Named 2013 "Top 40 Under 40" by National Trial Lawyers
Click the above link to see more about Attorney Moorman's recent award.
Tom Diehl Named "Top 100" by National Trial Lawyers
Recently, Thomas J. Diehl of Diehl & Hubbell was named a "Top 100" Lawyer by the prestigious National Trial Lawyers. Diehl & Hubbell was founded in 1988 by Mr. Diehl and continues to provide excellent legal service to the citizens of Warren County and surrounding counties. This is the most recent award in a string of state and national recognition for Attorney Tom Diehl. Tom has practiced personal injury law in Southwest Ohio for over twenty-five years and successfully handled hundreds of accident and injury cases.
Check out his personal injury site at http://www.thomasjdiehl.com.
If you've been injured due to someone else's negligence - you should give Tom a call at 513.932.2121 today.