The decision by New Jersey’s Supreme Court last week to overhaul the state’s rules for how judges and jurors treat evidence from police lineups could help transform the way officers conduct a central technique of police work, criminal justice experts say.

In its ruling, the court strongly endorsed decades of research demonstrating that traditional eyewitness identification procedures are flawed and can send innocent people to prison. By making it easier for defendants to challenge witness evidence in criminal cases, the court for the first time attached consequences for investigators who fail to take steps to reduce the subtle pressures and influences on witnesses that can result in mistaken identifications.

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COLUMBUS — The Ohio Supreme Court may decide whether three votes constitute a majority to appoint a person to Carlisle Village Council.

Terry Johnson, who was appointed by Mayor Tim Humphries on July 1 to succeed former councilman Chad S. Johnson, filed a complaint with the state Supreme Court on Thursday against Councilman Scott Richardson.

The state Supreme Court has original jurisdiction in matters concerning municipal charters. A court official said the matter could take up to a year to resolve if the court decides hear the case and schedule arguments.

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But Ohio enacted similar reforms a year ago, and legal experts said Thursday that the changes are proving effective in preventing witnesses from making erroneous identifications in police lineups.

The 134-page decision out of New Jersey drew upon scientific research pointing to eyewitness mis-identification as the leading cause of wrongful convictions in the United States.

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Under the new guidelines, judges across the state will be under orders to contact Ohio’s Department of Rehabilitation and Correction if they choose to sentence certain fourth- and fifth-degree felons.

Those convicted of lower-level felonies still may go to prison if they committed a sex offense or a crime of violence with a gun or threatened harm to a victim. But in the case of lower-level felony drug offenders and non-violent offenders, judges must notify ODRC ”for information on programming / sanctions available of at least one year’s duration,” according to new sentencing guildelines.

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Peter Certo is an experienced criminal defense attorney with our firm who will be monitoring the impact of the new sentencing laws.

Many cities have long used cameras to enforce their traffic laws, including catching motorists in flagrante as they burn through a red light.

But the Houston City Council yesterday voted to shut off the city’s red-light cameras. Houston’s move came after voters rejected the cameras in a referendum last year, the Houston Chronicle reports.

Houston city council member Sue Lowell, who voted against removing the cameras, told the Chron that the city will now be harder pressed to keep local motorists safe. “I don’t know how we’re going to protect the citizens,” she said.

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Arnold Schwarzenegger and Maria Shriver announced their separation in May after 25 years together. Tipper and Al Gore separated last year after being married for four decades.

These long-wedded political couples are far from alone. A U.S. Census report issued earlier this year found that, over time, fewer first-time-married couples are making it to their 25th, 30th and 35th wedding anniversaries—even as life expectancies have increased.

The data don’t indicate how old the couples were when they broke up, says Bradford Wilcox, director of the National Marriage Project at the University of Virginia. But some divorce attorneys and financial planners say they are seeing a growing number of long-married couples call it quits.

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There are many people, and attorneys, who think avoiding probate court is a good idea. This is most often accomplished through a living, or inter vivos, trust. It is true that sometimes avoiding probate court can be less expensive, quicker and simpler, but sometimes probate court can save all your assets. When a trust is established to avoid probate court a trustee is named in the event of death. People will name a trustee whom they trust. When asked if a bond should be required most clients answer no. A bond is essentially an insurance policy that protects the trust against financial misconduct or stolen money. They say I would not name him/her trustee if I did not trust them. Upon death, the trustee then takes complete control of the assets without any supervision from anyone. Unsupervised trusts can go on for many years. All people have weaknesses, some are not always trustworthy and, others can feel the effects of their own economic pressures. I have been involved in many cases where trustees, those who have complete control of the money, fall prey either to greed, bad financial times, or just are bad at money management. Many times the trustee may “just take a loan” from the trust but loans are not authorized transactions and seldom get repaid. By the time anyone realizes something is wrong, the money is gone and very often it cannot be recovered.

In Ohio a testamentary trust, which is a trust established by a last will and testament, is supervised by the probate court.  A living or inter vivos trust is not supervised by the court. The testamentary trustee is required to file a written accounting, along with copies of bank statements, every year. The court will also examine the distributions and expenses to make sure the trust assets are being properly administered by the trustee. If an accounting is not filed when due, the probate court will order the trustee into court. If they fail to appear the probate judge has the authority to send the county sheriff and serve them with contempt proceedings. In addition, if a bond is required to be filed, and money is missing, the bonding company will pay the missing funds back to the trust. Without probate court supervision, compelling the trustee of a living trust to do anything can be difficult. Usually an attorney needs to be retained to pursue the trustee. If the attorney is unsuccessful in getting answers from the trustee then a lawsuit against the trustee needs to be filed.

Just recently, I had the misfortune of investigating an attorney who served as a trustee. This attorney was well known in the community and had worked for the family for 14 years. The beneficiaries were asking questions but getting no answers. After I began investigating I found the trustee had stolen about $400,000 and had been hiding the theft for years. Fortunately a bond was in place, as ordered by the probate court, and I was able to recover all the stolen money for my clients. Had the probate court not been involved, there would have been no money left to recover and it would have been a total loss for my clients.

It may sound good to avoid probate court, but the end result could be disastrous.

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