Mo. court overturns death penalty for 2002 slaying
Court Alerts
The Missouri Supreme Court overturned a man's death sentence Tuesday because his attorney failed to question the character of a murder victim who had child pornography on his computer.
The high court acknowledged in its unanimous ruling that character evidence about murder victims typically is barred. But when relatives of victim Ralph Lape Jr. testified about his generous character during the sentencing phase of Mark Gill's murder trial, defense attorneys should have countered by highlighting the smut on Lape's computer, the Supreme Court said.
Had Gill's attorneys done so, the Supreme Court said, jurors may have been less inclined to sentence him to death for the July 2002 kidnapping, robbery and shooting. The Supreme Court sent the case back to a lower court for a new sentencing hearing.
Cape Girardeau County Prosecutor Morley Swingle said he would again seek the death penalty for Gill.
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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.