Archive for November, 2009

Failing to Provide Criminal Discovery

November 30th, 2009
United States Supreme Court building, Washingt...
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What are the appropriate sanctions for the prosecuting attorney’s failure to provide discovery?  In Taylor v. Illinois, 484 U.S.400, 108 S.Ct 646 (1988) the United States Supreme Court held these factors to be important to the court’s consideration in fashioning sanctions:

(a) The reason for non-disclosure;

(b) Any prejudice to the party seeking disclosure;

(c) The relevance and importance of the non-disclosed materials;

(d) The ability of the party reasonably to make disclosure;

(e) The relevance and importance of the non-disclosed material;

(f) Whether a continuance can rectify any prejudice; and

(g) Whether the failure to disclose was negligent, willful or in bad faith.

For a good discussion of this issue please see Barone, Defending Drinking Drivers, section 431 and 27 ALR 4th 105 (1984) and Ohio Rule of Criminal Procedure 16.

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Happy Thanksgiving from Brown, Rowland, Babb & Campbell

November 26th, 2009
the plate
Image by arvindgrover via Flickr

While there wasn’t any cranberry sauce, mashed potatoes, sweet potatoes, or pumpkin pie to eat at the first Thanksgiving, there was beer, brandy, gin, and wine to drink.  Happy Thanksgiving from Brown, Rowland, Babb & Campbell.  We are thankful for you: our clients!

The First ThanksgivingThe Community Trader, Manchester, NY, Nov.,1988;

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OVI Check Point Announced!

November 25th, 2009
600 mm by 600 mm (24 in by 24 in) Ohio State R...

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WHIO News is reporting that a sobriety checkpoint will take place tonight in Jefferson Township on State Route 4 beginning at 8 p.m.  Be safe!

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Dayton Bankruptcy Attorney Zachary Bushatz

November 24th, 2009
A few volumes of Title 11 (Bankruptcy) of the ...
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Brown, Rowland, Babb & Campbell is proud to offer a full spectrum of services, including: DUI/OVI (Charles M. Rowland II); Felony and Criminal Law (Mark J. Babb); Divorce and Family Law (Patricia N. Campbell) and Wills & Estates (Richard T. Brown, of counsel).  Our newest service is a response to the needs of our community for exceptional bankruptcy services.  Please visit www.DaytonBankruptcyAttorney.com and learn about 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.  You can contact Mr. Bushatz for a free initial consultation at 937-879-9542.

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Demon Rum and the Women’s Christian Temperance Union

November 19th, 2009

Here is a 1920′s-era film which captures the hatred of “Demon Rum” and the rhetoric which was used to demonize alcohol.

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