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If you have been in a Motorcycle Accident ANYWHERE in The State of California, call me now 24 hours per day, 7 days a week, for a free consultation at 800-816-1Law (800-816-1529), Extension 1

Welcome! my name is Norman Gregory Fernandez, Esq. I am a real biker, and a real California Biker and Motorcycle Lawyer.

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11/15/06

LATEST UPDATE’S IN THE BILLY LANE CASE.

09:00:07 am, by Norman Gregory Fernandez, Esq.

, 448 words

Categories: Articles, Biker Rights, General Legal, Editorial

Michael Odom has written about the extensive developments about the Billy Lane case in his biker Blog located here.

It has been reported that the decedent in the case and Gerry Morelock had in his system a blood-alcohol content of .133 when he was killed. Billy Lane had in his system a blood-alcohol content of .192 at the time that he crashed into Gerry Morelock.

Michael Odom has asked me to comment on how the fact that Gerry Morelock had a blood alcohol content of .133 may affect the case one way or another.

The fact that the decedent, Mr. Morelock, was legally intoxicated should have no consequences on the criminal or civil aspects of the case based upon the evidence I have read so far. There is no evidence that Mr. Morelock did anything to cause the crash in which he was killed, and he had the right of way in the lane that he was in.

Unless some witness comes forward and says that it was Morelock who swerved into Billy Lane's lane, I do not see any problems with any of the cases.

Mr. Morelock it appears was legally drunk. However, he still had a right not to be killed on a Public Highway due to the negligence of another.

I once did a case for a woman who was legally drunk with six kids in her van. She was rear ended and injured by a guy in a truck. She was arrested and convicted for DUI after the accident.

I obtained a large settlement for her in a civil case because she was not at fault in the rear end accident. I am sure the same thing will happen in the Billy Lane Case.

I am sure that everyone remembers the OJ case, and the Robert Blake case. There is no doubt that the defense will try to attack Mr. Morelock anyway they can. Unfortunately it’s easy to attack someone who is no longer alive to defend themselves. This may have some affect on the jury. In the end we will see.

There is no doubt in my mind based upon the evidence that I have read that Gerry Morelock would still be alive today but not for the actions of Billy Lane. However I must state, that in this country everyone is innocent until proven guilty in a court of law. Ultimately it will be up to a jury of his peers to determine whether Billy Lane is guilty in the criminal case and liable for damages in the civil case.

I will soon write an article on the potential liability of Dodge Corp. with respect to negligent entrustment.

Permalink 50 comments »

50 comments

Comment from: Diep 1 [Visitor] · http://biker and motorcycle related legal articles-Post details: Billy Lane, a Tragedy

Would you please post the above comment on www.cyrilhuzeblog.com/2006/10/04/cyril-huze-about-billy-lane? It would be greatly appreciated. Thanking you in advance. Looking forward to what you say about Dodge's liability. One would think Dodge would have picked up their trucks when Billy Lane refused the implied consent laws when he was arrested for a DUI that he got out of because there was no proof. The arresting trooper took Billy's Florida Drivers license and although not convicted or DUI his license are suspended.

11/15/06 @ 20:43

Comment from: Norman Gregory Fernandez, Esq. [Member] · http://www.bikerlawyer.net

You got it!

11/16/06 @ 00:28

Comment from: Diep 1 [Visitor] · http://biker and motorcycle related legal articles-Post details: Billy Lane, a Tragedy

Thanks. Your comments settled a lot of disagreements. Looking for your next article. Cryil Huze is the only bike builder to make any comment. Must give Huze credit.

11/17/06 @ 16:07

Comment from: Norman Gregory Fernandez, Esq. [Member] · http://www.bikerlawyer.net

No problem. I read the one guys response stating that Gerry Morelock might have been able to react quicker if he was not drunk. This may be true. From what I have read he had no chance whatsoever. How do you react then a big Dodge pickup truck suddenly swerves into your lane head on?

I know of many bikers that have been killed this way.

The legal issue is not if Gerry Morelock could have avoided the collision, it will be who had the right of way. Gerry Morelock had the right of way in his lane. Billy Lane did not.

Norm

11/18/06 @ 00:03

Comment from: Diep 1 [Visitor] · http://biker and motorcycle related legal articles-Post details: Billy Lane, a Tragedy

There are pages and pages from Florida Highway Patrol traffic accident investigators. Plus over 400 pictures from the scene. Many credible witnesses.I am pretty sure that the chain of command on the blood that was removed from Billy Lane was followed to a t and done correctly. I am not for a public tar and feathering but I do think Mr. Lane should answer for his chosen actions. We learn as a child that our actions have consequenses. These actions by Lane should have BIG consequence. You are correct the person who caused the accident must answer. A Assistant State's attorney told me that this case most likely will take a year or more to get to trial.

11/19/06 @ 19:46

Comment from: Norman Gregory Fernandez, Esq. [Member] · http://www.bikerlawyer.net

I agree. It will be up the Court system to pass judgement here on earth. In the end we each have to face a higher judgment if you know what I mean.

The next time anyone you know wants to get behind the wheel of a car or motorcycle after they have been drinking tell them about the Billy Lane Case.

I will soon be writing my article on Negligent Entrust and the Dodge part of the case.

11/19/06 @ 23:28

Comment from: Sandie Diephouse [Visitor] · http://www.bikerlawblog.com

I noticed that you have not put your article regarding the liability of Dodge on Mike Odom's website or Cyril Huze's site. Cyril Huze's blog site address is above and you have posted on Mike's site before. You told me that you would....I really think you wrote a good article and people need to read that article and "JUST" maybe they will think before they hand their "CAR KEYS" to somebody to drive.

11/24/06 @ 23:46

Comment from: Norman Gregory Fernandez, Esq. [Member] · http://www.bikerlawyer.net

Actually the article that I wrote about watching who you loan your keys to does deal with the Dodge situation. I was concerned about using Dodge's name in an article. I have been spending time with my family during the holidays. I will put the article on the other two websites a bit later today or tonight. Being Thanksgiving weekend, I am kind of tied up with the family. Have a happy Thanksgiving!!

Norm

11/25/06 @ 13:10

Comment from: Sandie Diephouse [Visitor] · http://www.bikerlawblog.com

Okay. Thanks....still good info.

11/26/06 @ 08:17

Comment from: Sandie Diephouse [Visitor] · http://www.bikerlawblog.com

Thanks for your post on Cyril Huzes blog regarding Billy Lane. I hope that it is read by many and lessons learned. If not it is for sure fuel for thought.

11/30/06 @ 14:36

Comment from: Norman Gregory Fernandez, Esq. [Member] · http://www.bikerlawyer.net

No problem Sandie.

Norm

11/30/06 @ 18:38

Comment from: Sandie Diephouse [Visitor] · http://www.bikerlawblog.com

How long do you predict before this case will actually go to trial?? The criminal case is the one I am asking about. I would think the civil lawyers will wait till after the criminal case. What do you think??

12/01/06 @ 15:27

Comment from: Norman Gregory Fernandez, Esq. [Member] · http://www.bikerlawyer.net

The United States Constitution guarantees all persons a right to a speedy trial. This right can be waived by a criminal defendant for purposes of building their defense, doing their own investigation, and doing their own forensics. It appears in this case the Billy Lane has waived his right to a speedy trial so that he can put on a better defense. There is no way to predict how long it will take to go to trial or how long the trial will take.

I have seen celebrity trials that should have taken no more than a week, go on for 3-4 months and more because with their money they can do a much more extensive defense.

I have done civil cases for plaintiff's and defendant's who were facing criminal charges. The normal practice is to move to stay the civil proceedings until the criminal proceedings are concluded because in a criminal case, the defendant has a Constitutional Right against compulsory self incrimination. They cannot be forcibly called to the stand to testify. This can adversely affect discovery in a civil case.

Furthermore if a defendant is convicted in the criminal case, the issue is now "Res Judicata." (Already decided!!) So it is much easier to win in the civil realm.

I predict that either Billy Lane or the Plaintiff's in the civil case will move to stay the civil proceedings until the criminal proceedings are concluded.

There is another issue to think about; the prosecutor in the criminal case could offer Billy Lane a sweet plea bargain deal to get a conviction. In other words Billy Lane could cop a plea bargain and never be tried in the criminal case.

We will have to wait and see.

12/01/06 @ 15:51

Comment from: Sandie Diephouse [Visitor] · http://www.bikerlawblog.com

Would you please go to Mike Odoms Blog and comment on Dailmer Chrylser's answer to the civil suit that wes filed against Billy Lane and explain what the heck that legal lawyer language is so people who do not have law degrees know what the heck they are saying?? Would be greatly appreciated. Thank-you for the time you spend answering our questions. I have not got a bill yet.

12/11/06 @ 16:22

Comment from: Norman Gregory Fernandez, Esq. [Member] · http://www.bikerlawyer.net

Sure Sandie if you would give me the URL of the post I will post a comment.

Norm

12/11/06 @ 17:31

Comment from: Sandie Diephouse [Visitor] · http://www.bikerlawblog.com

Can you please comment on Billy Lane's civil lawyers answers and tell us in no lawyer language what the heck they are saying? It is on Mike Odom's Blog. Thanks!

12/12/06 @ 21:20

Comment from: Norman Gregory Fernandez, Esq. [Member] · http://www.bikerlawyer.net

Sandie I went over to Mike's blog and looked for the answer and I could not find it. I even posted a comment to Mike to send me the URL so I can read the answer and comment on it.

I will send Mike an email tomorrow to see if he can give me the link to the answer so I can comment on it.

If you have the link post it here so I can read it!!

Norm

12/13/06 @ 00:39

Comment from: Sandie Diephouse [Visitor] · http://www.bikerlawblog.com

The url is http://www.mikeodom.name/ and the other site is cyrilhuzeonbillylane and MNOSPEAKS. Thanks a lot and your time is greatly appreciated.

12/14/06 @ 13:54

Comment from: Norman Gregory Fernandez, Esq. [Member] · http://www.bikerlawyer.net

Sandie I posted comments on Mike Odom's Blog. Send me the URL for the other sites! It is better if you can give the exact URL of the actual article so I do not have to search for it.

Thanks for all of your comments.

Norm

12/16/06 @ 09:54

Comment from: Sandie Diephouse [Visitor] · http://www.bikerlawblog.com

Did you see on Mike Odoms site where the civil trial is going ahead. The Judge granted a speedy civil trial to the Morelock family because of Morelock's mother being 65. Also, there are two or three days between the civil and criminal. I hope the State's Attorney does not offer a sweet plea bargain. There would be a revolt.

12/21/06 @ 16:46

Comment from: Norman Gregory Fernandez, Esq. [Member] · http://www.bikerlawyer.net

We will see. You never know what a DA will do!

Norm

12/21/06 @ 19:49

Comment from: Sandie Diephouse [Visitor] · http://www.bikerlawblog.com

You sir have that right!!!

12/22/06 @ 14:12

Comment from: Sandie Diephouse [Visitor] · http://www.bikerlaw.net/

Norm: Can a person who has money or assets put in others names after a civil suit has been filed and then claim they have nothing if they lose the civil and not pay??

01/12/07 @ 07:45

Comment from: Norman Gregory Fernandez, Esq. [Member] · http://www.bikerlawyer.net

Sandie, I see that you still have not registered as a member yet! All you need to do is look at the right panel and scroll down to where it says register!! The customizer of the Blog is going to clean everything up on the right panel very soon, but for now you have to scroll!!

With respect to you question; anyone can do anything that they want! The issue is whether what they are doing legal?

It is a common tactic in civil litigation to transfer assets to friends and family in an attempt to keep those assets from being lost if a litigant receives an adverse judgement. The remedy for a person who wins a case only to find out that a defendant has transferred assets is to file a lawsuit to set aside the transfers. Each State is different I am sure. In California this is done all of the time!

There is a separate issue as well. A defendant who receives a judgment against them for a non-intentional tort can always go bankrupt as well to avoid the judgement!

Norm

01/12/07 @ 18:06

Comment from: Sandie Diephouse [Visitor] · http://www.bikerlaw.net/

I tried to register 7 times. IT said minimum 5 letters. I did 5 letters, I did * letters. I did 4 letters. What's up???? Sandie

01/18/07 @ 20:23

Comment from: Norman Gregory Fernandez, Esq. [Member] · http://www.bikerlawyer.net

Where are you getting the error registering? Is it for the captcha code?

Norm

01/18/07 @ 20:34

Comment from: Zach Schuster [Visitor] · http://nothing

So whats goin on with the billy trial so far.

01/31/07 @ 05:48

Comment from: Norman Gregory Fernandez, Esq. [Member] · http://www.bikerlawyer.net

I don't know. I have been getting ready for a trial myself. I may post a new article if time allows by this weekend.

Norm

01/31/07 @ 07:26

Comment from: sandie [Member]

Today there is a civil court appearance at 2 PM. in the Billy Lane case. Norm, I must tell you that your post on February 5th is right on.

02/07/07 @ 06:40

Comment from: Norman Gregory Fernandez, Esq. [Member] · http://www.bikerlawyer.net

Thanks Sandie.

Civil court is a much different animal than criminal court; at least here in California.

Norm

02/07/07 @ 10:15

Comment from: sandie [Member]

Norm: For sure civil and criminal are two different animals. I hope when I get up in the morning on see your Feb. 5th post from your site on Cyril Huze's blog about Billy Lane. I am checking before off to work I go. Thanks again.......I know that you are a busy man. Sometimes one can not put a price on ones time.

02/07/07 @ 18:05

Comment from: sandie [Member]

I checked Cyril's blog for your Feb 5 post and you must not have time to post it. I will check again after work. Hope you have the time. Mike has a new post on his site regarding the court hearing yesterday. Check out the lovely picture of the Courthouse. Not many courthouses left that look like this one. A piece of history. Off to work I go.

02/08/07 @ 04:26

Comment from: Norman Gregory Fernandez, Esq. [Member] · http://www.bikerlawyer.net

Sandie I am trying to post comments now.

Norm

02/08/07 @ 17:34

Comment from: sandie [ Member] [Visitor] · http://www.bikerlawblog.com/index.php/biker_laws/2007/03/20

The time is getting closer till the trial starts. It will interesting to see the jury selection. I imagine that Lane's criminal attorneys have hired one of those people who advise and help attorneys pick jurors as well as who to strike. Should be a interesting group of people. Wonder what questions will be asked as they question each person before seating them on the jury or striking them.

03/22/07 @ 16:27

Comment from: Norman Gregory Fernandez, Esq. [Member] · http://www.bikerlawyer.net

In my experience a jury could do anything. It is up the both sides to put on a good case, and to try to weed out the obviously biased jurors.

Norm

03/22/07 @ 16:59

Comment from: sandie [ Member] [Visitor] · http://www.bikerlawblog.com/index.php/biker_laws/2007/03/20

Norm: What are those people called who lawyers hire to help them pick a jury?

03/24/07 @ 19:53

Comment from: Norman Gregory Fernandez, Esq. [Member] · http://www.bikerlawyer.net

Jury Consultants!

Norm

03/24/07 @ 20:49

Comment from: Sandie [Visitor] · http://www.bikerlawblog.com

Norm: What kind of qualifications does one have to be a jury consultant? I was reading a book.......this is not regarding BL case here in Florida. I was reading how important the jury consultants were in helping the Defense seat a jury on a whistle blowing case. I am curious. They had questions ready to ask each person that was on jury duty. It was like they knew these people and they never saw them till they picked the jury. I found it interesting.

03/26/07 @ 16:11

Comment from: removed for privacy [Visitor]

I don't want to be identified. I have a unique perspective of this situation. Billy Lane was an acquaintance of mine. In the
past few years, many times I thought of saying something to Billy about things like this that could happen because of his
behavior, but I never said anything. It wouldn't have made any difference if I had.

The man Billy killed was my cousin. His mother said that in the accident, Gerry's head exploded and that his body was mangled
so badly, that they couldn't fit him into a casket, so they had to cremate his remains to get them back to Ohio. I just wish
it hadn't happened.

**I have removed this posters identity per his request. This is an anonymous post** Norm

04/07/07 @ 17:26

Comment from: Bob [Visitor] · http://www.bikerlawblog.com

A lot of Lane's friends were telling him to cool it. Do you remember any Biker Build-off on Discovery where Lane was not sucking down a Corona? Look at the pictures in Lane's books!!! Even admits to drugs. WTF are mushroom?? Learned of that reading CHOP FICTION. Many pictures at rally's of the big Billy Lane doing burnouts and chugging down Jack Daniels. Sure wish they would get this trial going as most people in Florida wish. The man was just plain stupid driving drunk and without license. The no license really gets my goat because they are hard on that charge in Florida. At any given time the jails are full of people facing that charge. The state of Fl. has the three strikes and you are out law. This goes for habitual drivers who drive on suspended license. Feel bad for ananymous, Morelock's family and friends. Lane got himself in this mess. He just has more available cash because people still go to see him and buy his flea market quality clothes. Lawyers in Fl. that practice criminal law, they get every dime up front. So far Lane has probably paid close to $100,000 if not more. He has changed lawyers in the criminal case.

04/08/07 @ 11:34

Comment from: sandie [ Member] [Visitor] · http://www.bikerlawblog.com/index.php/biker_laws/2007/03/20

Has anyone figured out why Billy Lane changed lawyers right before the start of the criminal trial? Conflict of interest was stated on Mike Odom's blog. Seems the conflict of interest would have been known before Mr. Funk took the retainer to take Lane's case. I looked at Mike Odom's Blog and did not find any information there. Mike Odom is not looked at as being part of the press so the lawyers are not jumping to make any quotes or discuss the case. The reasearch I found on the Findlaw sites say they are both appeals court lawyers. Does one think that the case will be appealed?

04/30/07 @ 04:50

Comment from: Norman Gregory Fernandez, Esq. [Member] · http://www.bikerlawyer.net

Sandie sometimes a conflict of interest pops up during the representation of a client, that did not exist at the inception of representation. In California if a conflict of interest arises that cannot be remedied by a signed waiver of the conflict, than the lawyer must withdraw. If a California client does not waive the conflict, than the lawyer must withdraw. I have no clue what happened in the Billy Lane case.

With respect to the type of lawyer retained, it would not surprise me that a deep pocket criminal defendant would retain an appellate lawyer just in case something happens that they feel needs to be appealed!

Norm

04/30/07 @ 13:40

Comment from: sandie [ Member] [Visitor] · http://www.bikerlawblog.com/index.php/biker_laws/2007/03/20

Like being found quilty and sentenced to serve jail time? Do you really think Lane's pockets are "deep"?

04/30/07 @ 21:19

Comment from: Norman Gregory Fernandez, Esq. [Member] · http://www.bikerlawyer.net

Actually at least in California, some emergency appeals can be filed on pre trial decisions and even decisions that are made during trial, while the trial is still happening. Most appeals are filed after a trial. It would be better to have an appellate lawyer on board for the entire trial process so that they are up to speed in case an appeal needs to be filed.

With respect to Lane's finances, I would assume that he has made some coin after becoming a celebrity through the Discovery channel. Companies like Daimler Chrysler do not give people free comp. trucks to drive unless they feel that the person they are giving the truck to will bring them business. Yes, I am sure Lane has made some coin! I have no way of knowing for sure, it is an assumption.

Norm

05/01/07 @ 06:47

Comment from: dan [Visitor]

I knew billy in 2002-2004/ he became a biker rock star in that time I met him at bare assets (strip club in melbourne fla). He was always real nice to me and his side kick nicky! but he did party hard. I was blown away when I herd about the accident. and of all things he hits a bike!
he was negligent and its a crying shame this happened. this is a terrible wake up call for billy and the passage to the other side for morelock
my prayers for both.

07/17/07 @ 01:42

Comment from: Sandie[Member} [Visitor] · http://bikerlawblog.com/index

The Criminal Case is on hold till September, according to the paper they are looking at the condition of the blood samples taken from Billy Lane forty odd minutes after he killed Mr. Morelock. The Civil suit is starting next month. I wish the court hearings would begin. It would be nice to see closure for the Morelock family. I do not feel any sympathy for Dodge. They should have been responsible and picked up their loaners after Lane's license were suspended by the State of North Carolina. Lane refused BAC tests there as well as here after he killed Mr. Morelock. Florida removed Lanes blood for BAC by force. I figure Lane knew he was drunk and that is why he refused. With that BAC level, Lane must have been quite the drinker.......I would have probably been dead by alcohol poisoning. I get a kick out of Lane's haircut!!! Lawyers want their quilty clients to look pretty for the jury!!!!HA!!!

07/18/07 @ 07:58

Comment from: ews [Visitor]

all the above maybe true but as a long time res of Fla Mr lane in this case doesn't stand chance evidence is all that is required to convect question how much time ??/ well he receive should of known better

01/14/08 @ 04:38

Comment from: Barney [Visitor]

I guess " Kill a Biker Go to Jail " is Just a Bumper sticker, Billy lane is a sleaze..

05/27/08 @ 16:23

Comment from: LJ [Visitor]

Now that Billy Lane has been sentenced to 6 yrs, I would assume that his attorneys have already started an appeal. What do you think his chances are of reducing his sentence with an appeal and with an appeal does he have a different judge? How does that work...

08/16/09 @ 07:59

Comment from: Edward James Waganfeald [Visitor]

its pretty sad u convect a man on the same charge a pro athlete got and he spends 5 to 6 years stallworth 30 days something wrong there

08/16/09 @ 17:46

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11/15/06

LATEST UPDATE’S IN THE BILLY LANE CASE.

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