Olympian Bode Miller’s Custody Dispute, With Judge Eugene Hyman, Santa Clara, California

The custody battle involving Olympic skier Bode Miller raises the question of whether a pregnant woman should be legally obligated to live near the unborn child’s father. California’s laws came about because of surrogacy, to prevent a person who’s being paid to be a surrogate and then change the rule …

Bieber Refuses Offer From Court, With Judge Eugene Hyman, Santa Clara, California

After charges stemming from a DUI arrest, Justin Bieber refuses an offer from the court and decides to take the case “to the box.”  Retired Superior Court Judge Eugene Hyman, of Santa Clara, California, does not think this is a good idea.  Based on what Hyman’s read in the media, …

Sperm Donor Lawsuit in Kansas, With Judge Eugene Hyman, Santa Clara, California

All states are concerned with the best interest of the child when it comes to child support and sperm donation and the rules and laws have been developed around this to make sure these children are economically supported. Judge Eugene Hyman, retired from the Superior Court of Santa Clara, California, …

Gay Jurors Cannot Be Kicked Off Panel Just Because They’re Gay, With Judge Eugene Hyman, Santa Clara, California

A federal district court in Oakland had ruled that sexual orientation doesn’t rise to the same level as race or gender in terms of jurors getting striked off of a panel. The 9th Circuit, which covers California and the western states recently ruled the trial judge in the federal district …

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Olympian Bode Miller’s Custody Dispute, With Judge Eugene Hyman, Santa Clara, California

February 28, 2014 Uncategorized No Comments

The custody battle involving Olympic skier Bode Miller raises the question of whether a pregnant woman should be legally obligated to live near the unborn child’s father.

California’s laws came about because of surrogacy, to prevent a person who’s being paid to be a surrogate and then change the rule and back out.  As a result, a procedure was established in California where even pre-birth you can establish parentage and there can be pre-birth rules with respect to the child, says Judge Eugene Hyman, retired from the Superior Court in Santa Clara, California.

Bode Miller is using those laws for a completely different purpose in his situation and what he’s doing is allowed under law, says Hyman.  Unfortunately, New York went overboard in their application, he adds.  As the case plays out, it’s interesting to understand that anyone can have these jurisdictional disputes and it’s true that once a procedure is started in one state, assuming that the state has initial jurisdiction to begin, the fact that one participant moves to another state doesn’t necessarily mean proceedings move to another state, Hyman says.  He adds that what’s unusual in this case is that while there were proceedings to establish parental abilities with respect to California, prior to being born, the mother moved to New York to attend graduate school at Columbia University.

The New York judge that was drawn decided to view this as she was trying to kidnap a fetus and deny Bode Miller his parental rights and that’s where things went horribly wrong, says Hyman.

Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.  The Legal Broadcast Network is a featured network of the Sequence Media Group.

Bieber Refuses Offer From Court, With Judge Eugene Hyman, Santa Clara, California

February 28, 2014 Uncategorized No Comments

After charges stemming from a DUI arrest, Justin Bieber refuses an offer from the court and decides to take the case “to the box.”  Retired Superior Court Judge Eugene Hyman, of Santa Clara, California, does not think this is a good idea.  Based on what Hyman’s read in the media, the evidence is somewhat overwhelming with respect to his guilt and he thinks that maybe because of his notoriety, Bieber thinks he stands a chance if not only a not guilty verdict, at least a hung jury and come out okay.

Clearly, a judge couldn’t give a person a more harsh sentence because that person has assisted on availing themselves of their constitutional rights and they can’t be punished for exercising that right, says Hyman.  However, a judge is not obligated to give a pre-trial offer to someone who has taken their case to adjudication with respect to guilty or not guilty.  The judge can take into consideration if that person lied during testimony and consider all the other factors not known during the time the pre-trial offer was made, Hyman says.  “This could have immigration consequence that we’re unaware of at this time,” adds Hyman.

Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.  The Legal Broadcast Network is a featured network of the Sequence Media Group.

Sperm Donor Lawsuit in Kansas, With Judge Eugene Hyman, Santa Clara, California

January 30, 2014 Uncategorized No Comments

All states are concerned with the best interest of the child when it comes to child support and sperm donation and the rules and laws have been developed around this to make sure these children are economically supported. Judge Eugene Hyman, retired from the Superior Court of Santa Clara, California, says that in California, if a sperm donor mistakenly pays child support, after two years, he will have to continue until the child is 18 because of the social policy to make sure the child is supported.

In a case in Kansas, where a home-grown transfer was completed after a sperm donor answered a Craiglist ad, Hyman says it was the method of transfer not done in a clinical setting, which doesn’t provide the independence that’s required in terms of eliminating the legal responsibility of becoming financially responsible for the child.

Before entering into an arrangement, Hyman advises checking the state’s statutes and contacting a licensed sperm bank. When doing it person to person, you are giving up the confidentiality that sperm banks guarantee, says Hyman.

Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.

Gay Jurors Cannot Be Kicked Off Panel Just Because They’re Gay, With Judge Eugene Hyman, Santa Clara, California

January 30, 2014 Uncategorized No Comments

A federal district court in Oakland had ruled that sexual orientation doesn’t rise to the same level as race or gender in terms of jurors getting striked off of a panel. The 9th Circuit, which covers California and the western states recently ruled the trial judge in the federal district court was wrong, saying that sexual orientation does rise to the same scope as race and gender, whether it’s a criminal case or civil case, says Eugene Hyman, retired Superior Court Judge in Santa Clara, California.

Hyman says that gay activists are happy with this ruling not just because it was decided that gay jurors cannot be removed based solely on sexual orientation but because there’s going to be strict scrutiny in terms of marriage cases having to do with various states prohibiting same-sex couples from getting married. In Utah and Oklahoma in recent weeks, federal judges have stricken down laws that prohibit same-sex marriages and Hyman thinks it will be interesting to see if there’s going to be litigation in other states that haven’t dealt affirmatively with same-sex marriages.

Hyman thinks this will go before the U.S. Supreme Court because of the different rulings between the federal circuits and the 9th circuits and that’s usually when the Supreme Court will step in.

In terms of finding out if a juror is gay, Hyman says that the question of whether or not someone is gay cannot be asked directly, however, questions can be posed to a juror regarding their opinion about things related to the case that might lend itself to one’s sexual orientation.

Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.

Civil Rights Lawsuit Against New York City, With Judge Eugene Hyman, Santa Clara, California

January 28, 2014 Uncategorized No Comments

After serving 10 years in jail, it was discovered that the New York City Police Department didn’t turn over critical information that deprived a man of a fair trial and thus, his conviction was set aside. The prosecutor’s office in the Bronx was faced with the possibility of prosecuting this man again 10 years later.

Instead, says Judge Eugene Hyman, retired Superior Court Judge from Santa Clara, California, the prosecutors offer him to plead to one charge with the recommendation from them that he’d get credit for one year and he’d be off from probation and parole. While maintaining his innocence, he plead to the charge and was released.

Hyman says the question is whether one can plead guilty while maintaining they’re innocent. The trial court needs to find a factual basis for the plea in order to accept it, so how can the court find a factual basis if someone is maintaining they’re innocent? The answer, says Hyman, is that there’s case law stating that if one is pleading guilty on the recommendation of their attorney and there is some evidence to support the plea, then the court can accept the plea, which is what happened in this case.

The person convicted is now bringing a civil rights action lawsuit under federal law against the City of New York. The City has moved for a summary adjudication, saying he didn’t have the right to bring the lawsuit, as he admitted to committing the crime. The district court has reinstated his civil cause of action and so he can move forward with this case.

Hyman predicts that this will not go to trial, rather settling along with way, most likely with an amount on the small side.

Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.

U.S. Supreme Court Considering Limits on Cell Phone Searches, With Judge Eugene Hyman, Santa Clara, California

January 28, 2014 Uncategorized No Comments

In California, after a traffic stop and discovering the person had no license, the car was impounded, during which time illegal guns and other things were found in the car, leading to an arrest. After the arrest, the person’s cell phone was seized and evidence on the phone linked him to gang shootings, for which he was eventually convicted. The man appealed with an appellate court on the search and seizure issue and the court ruled in favor of the state, saying the general rule is that you’re allowed to search items that are in your control when lawfully arrested. This man went to the Supreme Court with his case and they refused to hear his case, says Judge Eugene Hyman, retired Superior Court Judge from Santa Clara, California.

In Boston, a person engaged in drug activity is arrested and his cell phone is searched without a warrant, where more incriminating information is found. The person arrested make a move to suppress the case based on not having a warrant and the case is denied at a federal trial court, a circuit court and is now before the U.S. Supreme Court.

Hyman says that the question before the U.S. Supreme Court is should cell phones be treated like mini computers, for which search warrants would be required. Hyman says that “ideology will play an important role and it should be interesting to see what happens.”

Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.

Could Justin Bieber Lose His Green Card, With Judge Eugene Hyman, Santa Clara, California

January 28, 2014 Uncategorized No Comments

After Justin Bieber’s recent arrest in Florida, stemming from charges related to driving under the influence of both alcohol and drugs, there is the question of whether this will affect his green card status.

While different states have different consequences with respect to licensure, if you’re driving under the influence of alcohol or drugs under the age of 21, in California, his license would be suspended one year from the date of conviction, says retired Superior Court Judge Eugene Hyman, of Santa  Clara, California.  The other issue, he says, involving the charge of delaying and resisting a police officer of a non-violent nature could also impact his green card status.  However, Hyman says that as long as both charges were misdemeanors, his green card probably won’t be affected.

What Hyman says Bieber probably needs is a rehabilitation program, due to his recent erratic behavior, which are classic signs of a substance abuse issue.  Hyman wonders exactly what his handlers are doing, as they are obviously doing a very poor job of controlling him.

Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.

Importance of Separation Dates in Divorce Cases, With Judge Eugene Hyman, Santa Clara, California

January 22, 2014 Uncategorized No Comments

While the laws vary by state, the importance of separation dates in divorce cases usually has to do with the valuations of certain properties that are part of the community assets, says Judge Eugene Hyman, retired Superior Court Judge in Santa Clara, California.  These are typically stocks, he adds, but can be other things as well, such as the value of real estate.

In a recent California case, a wife indicated that she wanted a divorce but doesn’t file immediately.  At the point of her announcing she wants a divorce, the couple divides a lot of their assets, continue to have separate accounts and treat their incomes separately, all the while still living together in the same residence.  Income earned after a separation belongs to the individual that earned it, making the date of separation important, notes Hyman.

The Court had ruled in favor of the wife, which has been appealed by the husband, because it was determined that while they were still living together, they were doing so in separate rooms and according to the evidence, the wife resided at home still for their children, says Hyman.  He says that separated couples still residing in the same household is becoming more common due to the economy but that typically only cases with large assets involved are brought forth before a court.

Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.

Hotel Privacy, With Judge Eugene Hyman, Santa Clara, California

January 14, 2014 Uncategorized No Comments

An LA court rules that an ordinance that requires hotel to divulge personal information about its guests is unconstitutional.  Retired Superior Court Judge Eugene Hyman says that this really involves hotels that are less expensive is less-desirable areas of town and that most of these hotels would turn information over to the police even if there wasn’t an ordinance.

Judge Hyman believes this isn’t a deterrence and that if the drafters of the ordinance, the City Council, think that the fact that an ordinance is going to stop people from either drug trafficking or engaging in sex trades, it’s not going to have that effect.  Even with the ordinance in place, the police might have a harder time going to higher end hotels, who wouldn’t be happy about turning information over.

Judge Hyman doesn’t believe this case would reach the Supreme Court, as their only interest is in resolving disputes among circuit courts around the U.S., not appellate courts.

Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.

Study Shows 97% of Federal Drug Cases Never Go To Trial, With Judge Eugene Hyman, Santa Clara, California

December 12, 2013 Uncategorized No Comments

A recent study shows that federal drug cases rarely go to trial, with 97% of those that plead guilty taking an offer from the prosecutor that they can’t refuse.

The prosecutor has the right to charge a person in a way that gives them exposure to longer sentences and therefore, having them plea in a way that gives them a lesser sentence, yet still longer than perhaps reasonable given the charge.  Retired Superior Court Judge Eugene Hyman of Santa Clara, California, believes this is unfair given the totality of the circumstances.  However, if there is a factual basis for the plea, the judge has to determine this.

Hyman says what the study demonstrates isn’t just the fact that in many cases the prosecutors are over-charging but that it also demonstrates that under federal law, how little federal judges have with respect to discretion in terms of making the situation more reasonable.

Federal judges have life appointments so they’re in a better position to make the right call without the concern of political fallout regarding elections.  State judges, on the other hand, have more political concerns, says Hyman.

While the study was limited to drug cases, Hyman thinks it could apply to general cases because prosecutors, as part of the executive branch, have a lot of deference given to them in terms of charging.  The judges, for the most part, concern themselves with sentencing based upon conviction.  Federal judges have very little discretion in terms of how they can sentence, where the state has a little more but still not a whole lot, Hyman notes.

The question isn’t whether there’s enough evidence to convict, rather what is the best interest of justice with respect to how much of a sentence is given.  Hyman says that the federal courts are just beginning to roll out drug treatment courts while the state courts have been doing this for year and thinks that defendants aren’t given a chance for rehabilitation in the federal courts, which could have a lot of fallout in terms of how it affects their family as a whole.

Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.  For more information on the article in the Wall Street Journal, click here.