State high court to weigh appeal based on impulsivity issue

Legal Compliance

State high court to weigh appeal based on impulsivity issue

The Arizona Supreme Court will consider if judges can allow evidence on whether defendants have brain damage making it more than likely a crime was committed impulsively rather than with premeditation.

The court agreed Tuesday to consider the appeal of Stephen Jay Malone Jr., a Tucson man convicted of first-degree murder and other crimes in the 2013 killing of his wife, 25-year-old Augustina Soto. Her sister was wounded in the same shooting.

A state Court of Appeals July 2018 decision on Malone’s appeal upheld his convictions and said past Supreme Court decisions on admission of impulsivity are “nuanced.”

According to the decision, courts can’t consider evidence that a defendant’s mental disorder short of insanity negates criminal intent but can consider evidence that a character trait for impulsivity didn’t indicate premeditation.

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Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.