William L. Summers. Born: March 6, 1942, Ravenna, Ohio. Summers & Baker Co. L.P.A.

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1 William L. Summers Born: March 6, 1942, Ravenna, Ohio Firm Profile: Founded in 1969, this, Civil & Criminal Defense Litigation boutique specializes in Federal Drug and white-collar defense. The firm represents corporations and corporate executives in all areas of Federal and State criminal investigations, including tax, trade, customs, export, bankruptcy and import issues. The firm also regularly represents individuals in Various Federal and State criminal investigations, trials, appeals, post-conviction, and habeas corpus proceedings. Additionally, the firm is highly involved in the telecommunications and business law arenas. Statement of Practice: Civil and Criminal Defense, Commercial Defense, Civil defense, specializing in cases for & against Contractors, Criminal Defense of Individuals and Organizations, Federal and State Criminal Law, Grand Jury Practice, Criminal Conspiracy, Business Crimes, Criminal Fraud, Mail & Civil Fraud, Bank Fraud, Commercial Crimes, Criminal forfeiture, Forensic DNA, Forensic Medicine, Wiretapping, Murder, Sex Crimes, Sexual assault, Theft, Trials and Appeals, Parole and Probation, Post-Conviction Remedies, Felonies. Misdemeanors, Complex Personal Injury. Mr. Summers is the managing member of the Cleveland Ohio & Lexington Kentucky law firm of He is one of the preeminent criminal Defense lawyers in the Country and is a frequent presenter in criminal defense skills, techniques 1

2 and procedures. Mr. Summers counts among his accomplishments, the successful defense of Larry Wayne Mahoney in the Carrollton Kentucky bus crash case; where 24 children and three adults lost their lives in the worst drunken driving catastrophe in American History and the famous Cross Bow murder case in Tulsa Oklahoma. He also received the NACDL s highest honor, the Robert C. Heeney award in 1982 for his leadership in the New Mexico prison riot defense project. From 166 capital indictments, no death penalty convictions were returned. He was elected as a fellow of the American Board of Criminal Lawyers in 1987, and served as a 2-term NACDL Board Member, where he founded the Lawyer s assistance Strike force, State & Local Liaison Committee and the Hot Line Panel of Experts He has served on the faculty of the National Criminal defense college. Currently he is a board member of the Ohio Association of Criminal Defense Lawyers, and served as chair of the Innocence Project. He is past chair of the OSBA s Criminal Justice Committee, and is co-chairman of the Ohio State Bar s joint Criminal Jury Instructions committee and serves on the State Bar s counsel of delegates. Martindale Hubbell: RATING AV, highest in all Categories since

3 COURT ADMISSIONS State of Ohio, 1969 State of Kentucky, 1988 U.S. Court of Appeals 2 nd Circuit U.S. Court of Appeals 3 rd Circuit U.S. Court of Appeals 4 th Circuit U.S. Court of Appeals 5 th Circuit U.S. Court of Appeals 6 th Circuit, Life Member Judicial Conference U.S. Court of Appeals 7 th Circuit U.S. Court of Appeals 8 th Circuit U.S. Court of Appeals 9 th Circuit U.S. Court of Appeals 10 th Circuit U.S. Court of Appeals 11 th Circuit U.S. Court of Appeals District of Columbia Circuit U.S. District Court Northern District of Ohio, 1970 U.S. District Court Southern District of Alabama, 1984 U.S. District Court Southern District of Ohio, 1985 U.S. District Court Eastern District of Kentucky, 1988 U.S. District Court Western District of Kentucky, 1988 U.S. District Court Northern District of Oklahoma, 1992 U.S. Supreme Court, 1972 U.S. Tax Court, 1971 EDUCATION Cleveland State University, Cleveland Marshall College of Law, Cleveland, Ohio, 1969, Doctor of Jurisprudence Honors: Cleveland Marshall College Law Review, The Gavel, school newspaper, University of Miami School of Law, Coral Gables, Florida,

4 Kent State University, Kent, Ohio, 1965 Bachelor of Arts in Political Science Bachelor of Arts in Sociology Activities: Men s Student Association, President Inter-Fraternity Council, Secretary Blue Key Men s Honorary Association Varsity Football PROFESSIONAL MEMBERSHIPS American Board of Criminal Lawyers, 1987-Present National Association of Criminal Defense Lawyers, 1973 Present Robert C. Heeney Memorial Award Winner, The Association s Highest Award, 1982 President s Award, 1978, 1982, 1985, 1986, and 1990 Hotline Panel of Experts, Present Chairman of the Membership Committee, Member of the Board of Directors, Chairman of the New Mexico Prison Riot Defense Committee, Founder & Co-Chairman of the Lawyers Assistance Strike Force, Founder & Co-Chairman of the State and Local Defense Liaison Committee, Wounded Knee Defense Project, South Dakota, American Bar Association, 1969 Present Metropolitan Council of Bar Presidents, member, Present Criminal Justice Section, member, 1969 Present Young Lawyers Section, member, Liaison to the NACDL from the Criminal Justice Council, The American Judicature Society, 1969 Present The Federal Bar Association The Ohio State Bar Association, 1969 Present Annual Merit Award Criminal Justice Committee, member, 1972 Present, Chairman, House of Delegates, member, , Special Committee on Penal Reform, member, Member, Ohio State Bar Association Legal Education Committee, 1997-Present, 4

5 Co Chairman and founding member of the Casemaker-Jury Instructions Committee, & member of the Editorial Board Present Ohio State Bar Foundation, 2007 The Greater Cleveland Metropolitan Bar Association, 1970 Present Criminal Justice Committee, member, 1970 Present President, First Vice President, Second Vice President, Third Vice President, Treasurer, Elected to Board of Trustees, Legal Aid and Defender Committee, Chairman, Chairman and Founder of the Young Lawyers Section, Criminal Justice Committee, member, 1970 Present, Chairman, Association of Trial Lawyers of America, 1970 Roscoe Pound Fellow Criminal Justice Committee, member, 1970 Ohio Academy of Trial Lawyers, 1969 Criminal Justice Committee, member, 1969 Cuyahoga County Criminal Defense Lawyers, 1973 Present Director, Life President, Vice President, Treasurer, Secretary, Kentucky Association of Trial Attorneys, 1988 Criminal Justice Committee, 1988 The Kentucky State Bar Association Ohio Association of Criminal Defense Lawyers, 1988 Board of Directors, Kentucky Association of Criminal Defense Lawyers, 1978 Board of Directors, , 5

6 Ralph J. Perk for United States Senate Committee, 1973 General Counsel Matthew Bender Law Book Publishing Company, New York, New York, Board of Editors, member PERSONAL MEMBERSHIPS: G.O.P. Ward Leader, Orange Village, Ohio G.O.P. Precinct Committeeman Solon, Ohio, Orange Village, Ohio, Bedford Community Hospital, Bedford, Ohio Board of Directors, member, Search Committee to Obtain New Hospital President, member, Lexington Future Champions Golf Association, Chairperson Founded Junior Golf Program, The Canterbury Golf Club, 1972 Present The Lake Region Yacht & Country Club Current Secretary The Ohio Thoroughbred Breeders and Owners Association. The Ohio Horsemen s Benevolent and Protective Association, First Vice President, & Director The Pine Lake Trout Club The Thoroughbred Club of America Lexington, Ky. HONORS AND AWARDS Robert C. Heeney Memorial Award Winner, 1982 National Association of Criminal Defense Lawyers The Association s Highest Award 6

7 Presidents Award, 1978, 1982, 1985, 1986, 1990 National Association of Criminal Defense Lawyers National Directory of Criminal Defense Lawyers Ohio Bar Association Annual Merit Award Roscoe Pound Fellow Association of Trial Lawyers of America Selected as one of the Five Outstanding Young Men of Ohio, 1972 Who s Who of Practicing Attorneys in America, 1973-Present Who s Who in America, 1982-Present Eagle Scout, 1954, Ravenna, Ohio Published Works Oakes Criminal Practice Letter, Hamline University College of Law, St. Paul, Minnesota Board of Editors, member Matthew Bender, Cipes, Criminal Practice Techniques, Articles, Opening Statements & Closing arguments, Various other law review and journal article on specific areas of Trial practice. PROFESSIONAL LECTURES/TEACHING Kentucky Association of Criminal Defense Lawyers, 1988, 1989, 1991 Annual Seminar, Speaker Kentucky Association of Trial Attorneys, Owensboro, Kentucky, 1990 Annual Meeting, Speaker Colorado Association of Criminal Defense Lawyers, 1990 Spring Meeting, Main Speaker National Organization for the Reform of Marijuana Laws, Boston, Massachusetts, 1984 Drug Conspiracy Defense Seminar National Association of Criminal Defense Lawyers 7

8 Annual Meeting Ft. Lauderdale, Florida, Speaker, 1984 Annual Meeting Steamboat Springs, Colorado, Speaker, 1982 University of Houston, Bates College of Law, National College of Criminal Defense, Instructor New Mexico State Public Defenders Office, Albuquerque, New Mexico, 1981 Defense of Death Penalty Cases Training Program Bar Association of Greater Cleveland, Criminal Law Practice and Procedure, Director Cleveland State University School of Law Criminal Procedure and trial Practice, Guest Speaker Cuyahoga County Bar Association, 1974 Changes in the Criminal Law Seminar, Coordinator The Ohio Legal Center Institute, Ohio, 1973, 1974 New Ohio Criminal Code Seminars The Ohio State Bar Association, Ohio, 1974 Criminal Defense Seminar Ohio Association of Municipal Court Clerks, 1973 New Criminal Rules of Procedure The Case Western Reserve University School of Law, 1972 Practice and Procedure, Speaker Midwest Regional Criminal Law Seminar, Ohio and Indiana, 1972, Director REPRESENTATIVE CLIENTS, CURRENT & FORMER: Fayette County Kentucky Farm Bureau Fraternal Order of Police, George Murray Lodge No. 67, Cleveland, Ohio International Association of Fire Fighters, Local No. 93, Cleveland, Ohio International Brotherhood of Ticket Sellers, Local No. 756 Plumbers Local 55, Cleveland, Ohio John A. Gannon, President of the International Association of Fire Fighters, AFL CIO General Counsel 8

9 Kentucky Professional Fire Fighters Ohio Association of Professional Fire Fighters, Third District Cuyahoga County Deputies Sheriffs Association FRATERNAL ORGANIZATIONS Alpha Tau Omega, Social Fraternity, Kent State 1961 Delta Theta Phi, Law Fraternity, University of Miami Fla SIGNIFICANT REPORTED CASES: GREER-BURGER V. TEMESI, 116 Ohio St.3d 324, 2007-Ohio-6442, OHIO SUPREME COURT. Case presented with Kelly Summers Lawrence, my daughter. Employment discrimination Claims of employer retaliation against protected employee activity. The filing of a lawsuit by an employer against an employee or former employee who has engaged in a protected activity is not per se retaliatory. If an employer can demonstrate that a lawsuit against an employee who has engaged in a protected activity is not objectively baseless, the suit shall be allowed to proceed, and the proceedings before the Ohio Civil Rights Commission are stayed. LOCAL NUMBER 93, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, ETC. V. CLEVELAND, NO , SUPREME COURT OF THE UNITED STATES, 478 U.S. 501; 106 S. Ct. 3063; 1986 U.S. LEXIS 133; 92 L. Ed. 2d 405; 54 U.S.L.W. 5005; 41 Fair Employment Practice Cases (BNA) 139; 40 Employee Practice. Decisions (CCH) P36, 200, February 25, 1986, Argued, July 2, 1986, Decided. SILVESTRONE V. EDELL, SUPREME COURT OF FLORIDA. 721 So.2d 1173, 1175 n. 2 (Fla Statute of Limitations on Professional Malpractice, Defined and Changed Law. U.S. V. LONGO 70 F.Supp.2d 225; U. S COURT OF APPEALS, SECOND CIRCUIT U.S. Procedure for withdrawing a plea. Representing a Lawyer and judicial candidate. U.S. V. ONE HUNDRED THIRTY-SEVEN (137) DRAW POKER-TYPE MACHINES AND SIX (6) SLOT MACHINES U.S. COURT OF APPEALS, SIXTH CIRCUIT 606 F.SUPP. 747; Defined United States Government s requirements to seize certain, potential gambling devices. UNITED STATES OF AMERICA, PLAINTIFF V. ALFREDO VALDIVIESO RODRIGUEZ, ET; 532 F.Supp.2d 316 (D. P.R. 2007) U.S. DISTRICT COURT Puerto 9

10 Rico. Motion to Dismiss, regarding Medical Doctors being allowed to prescribe certain controlled substances over the Internet. UNITED STATES V. MCLERNON, 746 F.2D 1098, 1109 (1984). U.S. COURT OF APPEALS, SIXTH CIRCUIT The defendant must offer some evidence that the conduct of the government extended beyond merely providing the opportunity to commit the offense. Where a person is ready and willing to break the law, the mere fact that government agents provide what appears to be the opportunity, may be enough. STOHLER V. HARGETT, No , 1993 WL 78782, 1993 U.S. App. LEXIS 5599 (1993). U.S. COURT OF APPEALS, NINTH CIRCUIT While Defendant was on trial in murder prosecution, Tulsa Oklahoma Attorney Thomas Ganz was sleeping with the Defendant s wife every night, in the Defendant s bed. This was after the Attorney had counseled the Defendant first to jump bond and later to return for trial. DISCIPLINARY COUNSEL V. CUSHION (2001), 92 Ohio St.3d 144, 2001-Ohio- 181] 2001-Ohio-181 OHIO SUPREME COURT. Attorneys at law Misconduct, indefinite suspension with allowance for petition for reinstatement one year after release from prison on conditions. Conviction of felonious assault, carrying a concealed weapon, discharging a firearm while under the influence of alcohol and drugs, and driving under the influence. NOVAK, APPELLANT, V. PERK, (1980), 64 Ohio St.2d 43 OHIO SUPREME COURT. Although Section 24 of the city's charter places the legislative power in the city council, that power is limited by Section 118 of the charter, which clearly gives the fire chief exclusive authority over individual assignments of fire department personnel. STATE V. ROBERTS (1980), 62 Ohio St.2d 170 OHIO SUPREME COURT. Criminal law. Possession for sale of narcotic drug and sale of narcotic drug. What constitutes allied offenses of similar import R.C , applied. Motion for separate trial properly overruled, when Search and seizure, validity of warrant. Motion for continuance, denial not abuse of discretion, when? 10

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