Ind. teen who strangled brother seeks sentence cut
Criminal Law
An Indiana teenager who strangled his 10-year-old brother and admired a fictional serial killer should not have been sentenced to life in prison without parole because he was mentally ill, his attorney argued in appealing for a lighter sentence.
Defense lawyer Leanna Weissmann also argued that the judge erred when he let an expert who had never met Andrew Conley testify that the teen might be a psychopath.
"Speculation inferring that a suicidal 17-year-old boy who had never been in trouble in his life is a psychopath from a doctor who never took the time to even talk with the boy has no place in our courtrooms ... and in a decision as to whether that boy will spend the rest of his life in prison," Weissmann wrote in a court brief.
The Indiana Supreme Court will hear arguments on Conley's appeal Monday in South Bend. Conley, now 19, unexpectedly pleaded guilty as his trial was set to begin in September 2010. He was sentenced to life without parole following a five-day hearing before a judge in which his videotaped confession was played.
Conley, then 17, told police he choked his brother, Conner, on Nov. 28, 2009, while they were wrestling at their home in the Ohio River town of Rising Sun. After the boy passed out, Conley dragged him into the kitchen, put on gloves and continued strangling him for at least 20 minutes before wrapping the boy's head in two plastic bags.
Related listings
-
Appeal filed in case of slain ND college student
Criminal Law 10/20/2011Lawyers for a man sentenced to death for killing a University of North Dakota student submitted a document Tuesday for what is considered the final step in the legal appeals process, claiming his trial team was ineffective and that the man is mentall...
-
High court to rule on Stolen Valor Act
Criminal Law 10/17/2011The Supreme Court will decide whether a law making it a crime to lie about having received military medals is constitutional. The justices said Monday they will consider the validity of the Stolen Valor Act, which passed Congress with overwhelming su...
-
Texan freed by DNA test after 25 years exonerated
Criminal Law 10/13/2011A Texas appeals court on Wednesday formally exonerated a former grocery store clerk who spent nearly 25 years in prison for his wife's 1986 beating death, reaffirming a judge's decision to set him free last week based on DNA testing that linked her k...
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.