State high court to weigh appeal based on impulsivity issue
Legal Compliance
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.
Related listings
-
Cristiano Ronaldo pleads guilty to tax fraud at Madrid court
Legal Compliance 01/23/2019Nearly four years after an investigation was opened, Ronaldo appeared at a court in Madrid on Tuesday to plead guilty to tax fraud and agree to a fine of nearly 19 million euros ($21.6 million).The Juventus forward, who was facing charges stemming fr...
-
GOP candidate asks North Carolina court to declare he won
Legal Compliance 01/03/2019The Republican in the nation's last undecided congressional race asked a North Carolina court Thursday to require that he be declared the winner because the now-defunct state elections board didn't act.A lawsuit by GOP candidate Mark Harris claims th...
-
Supreme Court: Ross can't be questioned in census suit
Legal Compliance 10/22/2018The Supreme Court is siding with the Trump administration to block the questioning of Commerce Secretary Wilbur Ross about his decision to add a citizenship question to the 2020 census.The unsigned order Monday overrides lower federal courts in New Y...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.