NY court to hear case of missed police evidence
Court Alerts
New York's top court will hear arguments whether a New York Police Department sergeant's failure to get statements from two witnesses to a stabbing in a Times Square theater means a man's assault conviction should be overturned.
The trial judge refused to let defense lawyers cross-examine the sergeant about the unknown bystanders, who he overheard saying the injured man pulled the knife — not suspect Kenneth Hayes — but did not question because he was busy securing the scene.
The judge also ruled the police failure to get their contact information didn't violate the Brady requirement that prosecutors disclose information to the defense that could prove their client innocent.
A midlevel court divided 3-2 in rejecting Hayes' appeal.
He was also found guilty of weapon possession in the scuffle with Charles Shell, although Hayes claimed self-defense.
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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.