Cruise/Holmes divorce legal aspects

Katie Holmes has filed for divorce from Tom Cruise in the state of New York. Given her possible issues with the religion of Scientology, Retired Superior Court Judge in California, Eugene Hyman believes she will receive more favorable treatment by a New York Court. So, how does religion play a part in divorce?

Judge Hyman says that religion in a divorce case comes up very infrequently but when it does, courts try to stay out of it because of the concerns with respect to the First Ammendment and a person’s right to practice religion, and scientology is a religion. If one parent feels strongly that a particular religion is not in the best interest of the child, the religion is not in of itself a determining factor. The question is is how it’s practiced and what is in the best interest of the child when talking about the religion and if it’s being practiced in a way that’s detrimental to a child.

In the case of Katie Holmes and Tom Cruise, there are two other children, from his previous marriage involved and one might wonder if that would have an impact on any decision a judge would make. Judge Hyman says that if he were the judge on this case, he would want to know how the other two children were doing and if there was any odd behavior. He would want to know what Katie Holmes observed during times spent with the other two children in terms of religious practice. He would also want to obtain information from a psychologist and see if there were any detrimental effects if the child was exposed to the religion.

Judge Hyman adds that in the state of California, religious promises made in a pre-nup are not binding because of the best interest of the child standard and that standard is viewed at the time this is brought before in 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.

Supreme Court rejects mandatory life sentencing for juveniles

In a narrow 5-4 Supreme Court ruling, it was decided that mandatory life sentencing under the age of 18 violates the 8th Ammendment ban on cruel and unusual punishment.  According to retired California Superior Court Judge  Eugene Hyman, the reality is judges still have the discretion on individual cases to impose a life sentence without the possibility of parole. With a 100 year sentence, for example, the end result is a life sentence.

Judge Hyman believes this is a natural progression in lieu of cases that have declared it unconstitutional to impose life sentences on juveniles who were involved in crimes that didn’t include killing and others that banned the death penalty on teenagers.  In California, it isn’t going to have an impact because the California courts already do what this decision was concerned with.  Judge Hyman says he’s had habius cases, where you’ve contained someone illegally, where the person has killed someone and is found unfit to be treated as a juvenile and receives an adult sentence.  He’s had juveniles that are found unfit to be tried as a juvenile and given 15 or 25 years to life.  At their parole hearings, there are no indications that they’ve had issues while in custody yet the parole board finds a reason to deny parole or if the parole board find them suitable for parole, the governor overrules them and then it comes to the the courts to deal with the issue.

The important part of this case, according to Judge Hyman is that it will be used for more examinations of how we do things with those under the age of 18 in terms of standards and review.

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, visitwww.judgehyman.com.  He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.

Your Legal Rights In Domestic Violence Cases: Judge Eugene Hyman

IMAGE via vawprevention.org

Retired Superior Court Judge of Santa Clara, California Eugene Hyman is a guest speaker on KALW in San Francisco, discussing your legal rights and restraining orders against abusers. Listen to the attached audio clip for his commentary. Judge Hyman is a featured commentator on The Legal Brodcast Network and host of The Family Law Channel.

Lindsay Lohan Possible Probation Violation

Source: www.tmz.com

Eugene Hyman, retired Superior Court Judge of California, says that as Lindsay Lohan is still under probation for misdimeanor theft, there is a chance her probation has been violated as she is now being accused for lying to a law enforcement officer after an auto accident.

One of the conditions for probation is to obey all laws and clearly, lying to a law enforcement officer is against the law, punishable by a fine and up to 6 months in jail.  Judge Hyman says she has now put herself in a position where she can either be prosecuted for a new offense or be charged with probation violation.  Probation violation is proven by a preponderance of evidence, or slightly more than 50%, where criminal evidence has to proven beyond a reasonable doubt, which is a much higher standard.

Lohan has roughly 200 days left of her imposed probation but as an execution has been stayed on this remainder, it is up to the judge to decide whether and how much to impose based on the case.

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, visitwww.judgehyman.com.  He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.

Bryson hit and run not criminal due to seizure

Commerce Secretary John Bryson was involved with an L.A.-area car accident that left him injured and unconscious, according to a government report, possibly caused by a seizure.Source: www.businessweek.com

Retired Superior Court Judge Eugene Hyman of California says that if in fact he did have a seizure, he would not be guilty of a hit and run accident because he would not have been in control of his actions. Reports indicate that no one was taken to a hospital, so it would be unusual to be charged with a hit and run without any substantial injuries. Also, juries aren’t likely to find felony injury unless someone has sustained a substantial injury, although case law supports a couple of stitches or a broken bone to merit felony treatment.

Judge Hyman wonders if this was his first time or if he has a history of seizures. Most states require that documents be filed with the motor vehicle department, as a person who has seizures should not be driving. A license can be suspended if the seizures cannot be controlled or they can put certain controls on a driver’s license. That being said, if John Bryson had any restrictions or controls with his driver’s license, he would be in violation of criminal law if he violated that, but this information has not yet been released.

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.

Thomas Kinkade estate battle over holographic will

As famed American painter Thomas Kinkade leaves a holographic will, a battle over his estate is brewing between his soon to be ex-wife, girlfriend and children. Retired Superior Court Judge of Santa Clara, California Eugene Hyman says that a holographic will is written in a person’s handwriting, doesn’t require eyewitnesses like a regular will but does need to have the intent of being a testamentary instrument and state the purpose of the will. In the case of Thomas Kinkade’s holographic will, the handwriting reads that he was leaving all of his possessions to his girlfriend.

In his holographic will, Kinkade does not void any prior wills and while Judge Hyman is not sure if there were any, he says it is usually pretty standard fare to void any prior wills. Hyman notes that Kinkade doesn’t address his children in this will and if this happens, the assumption is that the person made a mistake by not including his children. If you have two wills and the second will doesn’t void all prior wills, the prior will still exists to the extent that they’re not inconsistent, says Hyman.

Kinkade still has a wife, as their divorce is still not final, so she has her community property interest that she is still entitled to get, regardless of what any will says, according to Hyman. Additionally, his wife is probably still entitled to administer the estate and if she doesn’t want to or can’t, then the children would have preference. The girlfriend would be the last one appointed in this situation.

With a holographic will in avoiding probate, or avoiding the necessity of an attorney, one needs to address the tax aspects of the estate, which Judge Hyman says the average person is not capable of and good estate planning would be necessary to avoid probate.

Another issue with Kinkade’s holographic will is whether he had the capacity to write the will or if he was under undue influence, given his history of alcoholism. Judge Hyman says that if he were the wife or family member, he’d be attacking this as Kinkade might not have had the ability to do what he was doing and saying that he was of sound mind.

Judge Hyman believes there is going to be a settlement, given the $10 million + valued size of Kinkade’s estate and he’s pretty sure the girlfriend will receive a healthy chunk of change but that the family will get the bulk of the estate.

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.

Judge Eugene Hyman California Courts Ponder Juvenile Life Sentencing

California Supreme Court seems ready tp decide juvenile life sentencing but aren’t sure how. Judge Eugene Hyman says
“It’s difficult to set a maximum sentencing guidleline in these cases.” Ruling out a life sentence but allowing consecutive 75 year sentences, for example, doesn’t make sense.”

Court Says Family May Keep Autopsy Photos Private: Judge Eugene Hyman

http://www.familylawchannel.com

Family members have a constitutional right to keep a loved one’s autopsy photos private and can sue law enforcement officers who release the pictures to the news media, a federal appeals court ruled Tuesday.

Family Law Cahannel host Judge Eugene Hyman discusses the ruling and privacy issues. 

Judge Clears Texting Woman from Boyfriend’s Lawsuit

A New Jersey Superior Court judge ruled today that a woman who sent a text message to her boyfriend while he was driving cannot be held liable for the motor vehicle accident he subsequently caused. The decision stemmed from a 2009 case in which Kyle Best, 19, was responding to a text message from his girlfriend, Shannon Colonna, 19, while he was driving his pickup truck when he crashed into a motorcycle and severely injured David and Linda Kubert. Judge Eugene Hyman says “The trial judge only addressed the “duty” aspect and didn’t address the causation issue.”
Image Via employers-lawyer.com

Supreme Court Rules No Social Security Benefits For Kids Conceived After Dad Died

The U.S. Supreme Court ruled Monday that that a Florida man’s children, conceived after his death through in vitro fertilization, are not entitled to Social Security survivors benefits. More than 100 similar cases are pending before the Social Security Administration, but Monday’s ruling is unlikely to resolve most of them.

Karen Capato’s husband, Robert, was diagnosed with esophageal cancer in 2000. Fearing that his chemotherapy would leave him sterile, Robert deposited sperm at a fertility clinic before his cancer treatments began. When Robert’s condition deteriorated, the couple planned to have Karen use the frozen sperm to conceive after Robert’s death so their son would have siblings.

Judge Eugene Hyman says…”A will or trust could have solved this problem.”

Eighteen months after Robert’s death at age 44, Karen gave birth to twins.
Legal Broadcast Network
Image Via Change.org