TRUMP BUMPED, THUMPED, TRUMPED BY NEW YORK AG, www.CharlesJeromeWare.com

www.CharlesJeromeWare.com (We fight.  You win.)

www.usatoday.com/story/money/business/08-24-2013/Trump-University-Fraud-NY.
New York's Attorney General's Office has filed a $40 million civil lawsuit on Saturday against billionaire real estate mogul Donald Trump of running a phony "Trump University" and defrauding more than 5,000 people with promises that they would get rich in real estate using his "hand-picked" teachers.

New York Attorney General Eric Schneiderman says many of the 5,000 students who paid up to $35,000 thought they would at least meet Trump but instead all they got was their picture taken in front of a life-size picture of "The Apprentice" TV star.

"Trump University engaged in deception at every stage of consumers' advancement through costly programs and caused real financial harm," Schneiderman said. "Trump University, with Donald Trump's knowledge and participation, relied on Trump's name recognition and celebrity status to take advantage of consumers who believed in the Trump brand."

Trump, himself, shot back at Schneiderman that the lawsuit is false and politically motivated.

TRUMP TRUMPED BY NEW YORK AG SCHNEIDERMAN?

www.CharlesJeromeWare.com (We fight.  You win.)
www.usatoday.com/story/money/business/08-24-2013/Trump-University-Fraud-NY.

New York's Attorney General's Office has filed a $40 million civil lawsuit on Saturday against billionaire real estate mogul Donald Trump of running a phony "Trump University" and defrauding more than 5,000 people with promises that they would get rich in real estate using his "hand-picked" teachers.

New York Attorney General Eric Schneiderman says many of the 5,000 students who paid up to $35,000 thought they would at least meet Trump but instead all they got was their picture taken in front of a life-size picture of "The Apprentice" TV star.

"Trump University engaged in deception at every stage of consumers' advancement through costly programs and caused real financial harm," Schneiderman said. "Trump University, with Donald Trump's knowledge and participation, relied on Trump's name recognition and celebrity status to take advantage of consumers who believed in the Trump brand."

Trump, himself, shot back at Schneiderman that the lawsuit is false and politically motivated.

COLUMBIA, HOWARD COUNTY, MARYLAND CRIMINAL DNA: DEFENSE

www.CharlesJeromeWare.com

The national law firm of Charles Jerome Ware, P.A., Attorneys & Counsellors, is headquartered in Columbia, Howard County, Maryland.  The firm is preeminent and renowned for tis successful defense of numerous criminal defendants in the State of Maryland and nationwide.

For a courtesy initial legal consultation, contact us at (410) 730-5016, (410) 720-6129, www.CharlesJeromeWare.com

The Maryland Court of Appeals recent decision (August 21st, 2013) in the criminal case of WHACK, JR. v. STATE (No. 86, Sept. Term 2012), reveals the ongoing mis-use and misinterpretation of DNA evidence by prosecutors:

"Accordingly, counsel have a responsibility to take extra care in describing DNA evidence, particularly when it comes to statistical probabilities. The prosecutor certainly has “liberal freedom of speech” during closing argument, see Spain, 386 Md. at 152, but this commentary must be grounded in the evidence or reasonable inferences drawn from the evidence. Minor misstatements from counsel are inevitable in a trial, but this was not a minor misstatement. The prosecutor wrongly asserted that Petitioner’s DNA was definitely on the armrest when the evidence demonstrated only that it might be present. The prosecutor also suggested that the statistical analysis backed up this assertion, urging jurors to draw an equivalency between the mathematical certainty that White’s DNA was in the truck with the probability that Petitioner’s DNA was located there. These remarks were highly improper because the statements misrepresented complicated scientific evidence that was a key part of the prosecution’s case.”

C. WARE'S Col., Ho. Co. CRIMINAL BLOG: WHACK v. STATE, http://www.CharlesJeromeWare.com

The national law firm of Charles Jerome Ware, P.A., Attorneys & Counsellors, is headquartered in Columbia, Howard County, Maryland.  The firm is highly-rated for its many successful efforts on behalf of clients in the area of criminal defense in Maryland.

For an initial free legal consultation, contact us at www.CharlesJeromeWare.com, (410) 720-6129, (410) 730-5016.

On Wednesday, August 21st, 2013, the Maryland Court of Appeals (MCOA) reversed the second-degree murder conviction of Tommy Whack, Jr. and remanded his case back to the Prince George's County Circuit for a new trial:

TOMMY WHACK, JR. v. STATE OF MARYLAND,
No. 86, Sept. Term, 2012 (Decided August 21, 2013);
Judges Barbera, Harrell, Battaglia, Greene, Adkins, McDonald and Bell.

DNA is a powerful evidentiary tool and its importance in the courtroom cannot be overstated. See Maryland v. King, 133 S. Ct. 1958, 1966 (2013) (observing that DNA technology is “one of the most significant scientific advancements of our era” and its usefulness in the criminal justice system is “undisputed”).

 

DNA evidence can place a defendant at the scene of a crime, providing a firm scientific foundation for a prosecutor’s case, particularly when other evidence may be lacking. Not surprisingly, jurors place a great deal of trust in the accuracy and reliability of DNA evidence. But this evidence has the potential to be highly technical and confusing in a way that could unduly affect the outcome of a trial.

 

We consider here whether a prosecutor’s incorrect statements during rebuttal closing argument regarding DNA evidence, in a case in which that evidence was of central importance, required a mistrial. 

Petitioner, Tommy Whack, Jr., was convicted of second-degree murder following a trial in the Circuit Court for Prince George’s County.

 

During the trial, the prosecution presented several witnesses, including Petitioner’s cousin, who testified that Petitioner called the victim’s cell phone before the killing and was walking in the neighborhood where the killing took place shortly before the crime occurred. Jurors also heard from a DNA analyst who testified that she could not exclude Petitioner as being the source of DNA recovered from the passenger armrest of the truck in which the victim was shot.

 

In rebuttal closing argument, the prosecutor told jurors that Petitioner’s DNA was present in the victim’s truck, and he claimed the statistical analysis conducted by the DNA analyst supported the State’s theory of the case. Petitioner objected to that argument as misstating the DNA evidence and asked for a mistrial, a request the trial court denied. The Court of Special Appeals affirmed Petitioner’s conviction in an unreported opinion. We granted Petitioner’s petition for a writ of certiorari, Whack v. State, 429 Md. 303 (2012), to answer the following question: 

Did the trial court abuse its discretion in denying defense counsel’s motion for a mistrial after the State, in rebuttal closing argument, mischaracterized the statistical significance of the DNA evidence? 

For reasons we shall explain, we answer yes to that question, reverse the judgment of the Court of Special Appeals, and direct a remand of the case for a new trial.

MESSAGE TO ROBIN THICKE: PAY THE GAYES. THE MUSIC LINES ARE TOO "BLURRED".

www.CharlesJeromeWare.com (We fight.  You win.)

Understanding the Law: A Primer (Paperback). http://amzn.com/1440111456

MAP (MATRIMONY, ALIMONY, PALIMONY): MARYLAND DIVORCE ATTORNEYS, www.CharlesJeromeWare.com

The national law offices of Charles Jerome Ware, P.A., Attorneys and Counsellors, are headquartered in Columbia, Howard County, Maryland.  The firm specializes in family law matters in Maryland, among other legal matters.  Contact us at www.CharlesJeromeWare.com, (410) 730-5016, (410) 720-6129.

MATRIMONY:  As a public policy, Maryland strongly endorses the condition of being married for couples, regardless of gender.

ALIMONY:  In Maryland alimony is considered a reasonable right; not a favor, nor punishment.

PALIMONY:  Palimony is not recognized in Maryland.  However, Maryland courts will recognize and enforce written agreements (and, in many instances, even oral or implied agreements.

Suggestion:  a written agreement stating that both parties will remain financially independent is the best defense against an allegation of palimony (in any jurisdiction).

Divorce in Maryland is unknown in common law, and is thus entirely a creature of statute.

Prior to the enactment of Chapter 263 of the Maryland Acts of 1841, there was no general divorce law in Maryland.  Divorce in specific cases was exclusively a legislative function.

Generally, divorce in Maryland is defined as the ending of a marriage ordered by a court (and specifically, a circuit court).

Because marriage is considered a civil contract between the parties under Maryland law, the complete dissolution of marriage is a divorce. In Maryland, there are two types of divorce: absolute and limited. Limited divorce is sometimes referred to as a legal separation.

1.  Absolute Divorce (Divorce a vincula matrimonii).

An absolute divorce actually dissolves the marriage. Once a decree of absolute divorce is entered, the parties are free to remarry. After an absolute divorce, one party can no longer inherit property from the other, any property owned by them jointly as husband and wife automatically becomes property held in common (each owns one-half) [Family Law Code Ann.§7-103].

[Bender v. Bender, 282 Md. 525 (1978); Altman v. Altman, 282 Md. 483 (1978); Thomas v. Thomas, 294 Md. 605 (1982); Maryland family Law, by John F. Fader, II and Richard J. Gilbert, Michie Law Publishers (1990); www.peoples-law.org/overview-of-divorce-in-maryland]

In addition, the decree may provide for:

            (i)      Sole or joint custody of the children;

(ii)     The terms for payment of alimony and child support, and the disposition of personal property;

(iii)    An equitable distribution of all the parties’ assets, including ordering the sale of jointly held property and the dividing the proceeds

Finally, a spouse may ask the court to include an order in the divorce decree which will allow the spouse (almost always the wife) to resume his or her birth name. These requests are almost always granted.

2. Limited Divorce (Divorce a mesna et thoro).

A limited divorce is a legal action where a couple’s separation is supervised by the court. It is generally designated for individuals who do not have grounds for absolute divorce, need financial relief and are unable to settle their differences privately.  When the court orders a limited divorce, it means that the divorce is not permanent.  Some people call this legal separation [Family Law Code Ann.§7-103]. 

Under a limited divorce, remarriage is not permitted. Limited divorce does not terminate property claims although the limited divorce may settle these claims.  A limited divorce makes temporary decisions about custody, child support, alimony, use and possession of  property.  It also documents the date of separation. 

You are not required to get a limited divorce before you can get an absolute divorce. Md. Code, Family Law § 7-103 allows a decree of divorce whether there has been a previous order of limited divorce or not.

In order to obtain a limited divorce in Maryland, you must meet residency requirements, grounds, and other legally prescribed laws just as you would in a case for absolute divorce.  Maryland courts may grant a limited divorce even if you are seeking an absolute divorce.  The courts may also decree these divorces permanently or for a limited time only.  In addition, Maryland’s limited divorces may be revoked by the courts at any time the parties jointly apply to be discharged.  In such cases, the parties would return to the state of being legally married.

A limited divorce is generally  used by people who:

• do not yet have grounds for absolute divorce;
• need financial relief and
• are unable to settle their differences privately.  

During a limited divorce, the parties live apart.  However, they remain legally married. Although the parties are still married, neither has the right to have sexual relations with the other spouse. In addition, neither spouse may remarry, and sexual relations with another person during a limited divorce is considered adultery.

The court determines which party is at fault, if either, is at fault. The court may grant support to one spouse based on need.  The limited divorce can also resolve questions of

(i)       child custody;

(ii)     child support;

(iii)    health insurance coverage and

(iv)   division of personal and real property.

If spousal support is not required, and there is no property to divide, there is generally no need for a limited divorce.

If one spouse dies after a limited divorce the other spouse may still inherit property. Also the form of ownership for any property you own as husband and wife (for example, a house owned as tenants by the entireties) will stay the same.

Among attorney and author Charles Jerome Ware's best-selling books are:
(1) The Secret Science of Winning Lotteries, Sweepstakes and Contests;
http://amzn.com/1432793888
(2) Understanding the Law: A Primer;
http://amzn.com/1440111456
(3) The Immigration Paradox: 15 Tips for Winning Immigration Cases;
http://amzn.com/1440171920
(4) Legal Consumer Tips and Secrets: Avoiding Debtors' Prison in the United States; and
http://amzn.com/1462051847
(5) Quince (15) Consejos Para Ganar Casos Del Inmigracion.
http://amzn.com/1462068952

www.CharlesJeromeWare.com ("We fight.  You win.")

Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, CNN, MSNBC, CBS, ABC, NBC, FOX-TV NEWS, WHUR, WHUT, MPT, BBC, The Wall Street Journal, ABA Journal, et al.]

GANADORES DE LA LOTERIA DE LEER, ESTUDIAR Y SIGUE " THE BOOK" !

Ganadores de la Loteria de leer, estudiar y Sigue " The Book " por el experto de la loteria y el autor mas vendido de Charles Jerome Ware : LA CIENCIA SECRETO DE GANAR LOTERIAS, SORTEOS Y CONCURSOS. http://amazon.com/1432793888.