Zalma on Insurance
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Insurance Claims professional presents articles and videos on insurance, insurance Claims and insurance law for insurance Claims adjusters, insurance professionals and insurance lawyers who wish to improve their skills and knowledge. Presented by an internationally recognized expert and author.
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November 09, 2023
Insurance Fraud is a Violent Crime

Plea of Guilty of Murder for Insurance Cannot Be Withdrawn

Barry Zalma
Nov 9, 2023

Read the full article at https://lnkd.in/gakz_bUr and see the full video at https://lnkd.in/gG2NezXG and at https://lnkd.in/g7R_mwrn and at https://zalma.com/blog plus more than 4650 posts.

In State Of Ohio v. Darin Brusiter, No. 112410, 2023-Ohio-3794, Court of Appeals of Ohio, Eighth District, Cuyahoga (October 19, 2023) Darin Brusiter (“Brusiter”) appealed for the third time from the trial court’s denial of his post-sentence motion to withdraw his guilty plea.

FACTS

In April 2011, Brusiter was charged with two counts of aggravated murder, with murder-for-hire and firearm specifications, kidnapping, insurance fraud, and tampering with evidence in relation to the killing of Asia Harris (“Harris”). Harris’s husband Samuel Wilson was also charged in the same indictment.

Brusiter filed a motion to suppress the statements he made to the police as being in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). On May 2, 2012, the court denied Brusiter’s motion and that same day he pled guilty to one count each of aggravated murder, kidnapping, insurance fraud, and tampering with evidence. The court sentenced Brusiter to an agreed term of “33 years to life” in prison.

Brusiter filed a direct appeal of the trial court’s denial of his motion to suppress and the Court of Appeals earlier affirmed Brusiter’s convictions, finding that he waived his right to appeal pretrial rulings when he pled guilty. In finding that Brusiter waived his right to challenge the denial of his motion to suppress, the Court of Appeals also concluded that “the record on appeal affirmatively demonstrates that [Brusiter] entered a voluntary, knowing and intelligent guilty plea as required by Crim.R. 11.”

Brusiter filed a second motion to withdraw guilty plea. In this motion, Brusiter argued that there are two, apparently specious, reasons he should be allowed to withdraw his guilty plea. The trial court summarily denied both motions to withdraw guilty plea.

ANALYSIS

Appellate courts review a trial court’s ruling on a motion to withdraw a guilty plea for an abuse of discretion.

The presumption of prejudice recognized in precedent applies regardless of whether a defendant has signed an appeal waiver. Brusiter’s 2020 motion to withdraw his guilty plea, which alleged ineffective assistance of counsel and the improper denial of his motion to suppress, is barred by the doctrine of res judicata.

Brusiter filed a direct appeal in which he challenged the trial court’s denial of his motion to suppress. The Court of Appeals three times affirmed Brusiter’s convictions, finding that he waived his right to challenge the denial of his motion to suppress by pleading guilty. The Court of Appeals also found that Brusiter’s guilty plea was voluntary, knowing, and intelligent.

Therefore, the trial court did not abuse its discretion by denying Brusiter’s motion to withdraw his guilty plea without holding a hearing. The motion was filed almost nine years after he pled guilty to aggravated murder and other offenses associated with the death of Harris.

ZALMA OPINION

Although life insurance fraud by murder is a serious and violent crime Mr. Brusiter decided it was important to plead guilty with a guaranteed sentence of only 33 years rather than a death sentence. Regardless, he abused the kindness of the courts of Ohio by filing multiple motions and appeals to withdraw his plea. Since he’s in jail for at least 20 more years it made no sense to punish him further or seek monetary sanctions he could not pay, but any further appeals or motions should be summarily dismissed without an opinion.

(c) 2023 Barry Zalma & ClaimSchool, Inc.

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Insurance, insurance claims, insurance law, and insurance fraud .
By Barry Zalma

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00:06:44
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Plaintiffs Camp and Waller, executives of NOSSCR and its Foundation, sued defendants Insurance Branch and Cassity over a letter alleging financial misconduct and demanding refunds and audits. The letter ...

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See the full video at and at https://rumble.com/v6zefq8-untrue-application-for-insurance-voids-policy.html and at https://zalma.com/blog plus more than 5150 posts.

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See the full video at https://lnkd.in/gePN7rjm and at https://lnkd.in/gzPwr-9q

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See the full video at https://lnkd.in/gePN7rjm and at https://lnkd.in/gzPwr-9q

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See the full video at and at

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Barry Zalma: Insurance Claims Expert Witness
Posted on September 3, 2025 by Barry Zalma
The Need for a Claims Handling Expert to Defend or Prove a Tort of Bad Faith Suit

© 2025 Barry Zalma, Esq., CFE

When I finished my three year enlistment in the US Army as a Special Agent of US Army Intelligence in 1967, I sought employment where I could use the investigative skills I learned in the Army. After some searching I was hired as a claims trainee by the Fireman’s Fund American Insurance Company. For five years, while attending law school at night while working full time as an insurance adjuster I became familiar with every aspect of the commercial insurance industry.

On January 2, 1972 I was admitted to the California Bar. I practiced law, specializing in insurance claims, insurance coverage and defense of claims against people insured and defense of insurance companies sued for breach of contract and breach of the implied covenant of good faith and fair dealing. After 45 years as an active lawyer, I asked that my license to practice law be declared inactive ...

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