Conviction voided in 1985 death of Brockton toddler
Lawyer Blogs
The state’s highest court on Thursday overturned the conviction of a Brockton woman who was convicted five years ago of second-degree murder in the 1985 death of her toddler daughter.
Margaret Earle was convicted in 2005 — 20 years after her daughter died. Her boyfriend was convicted of first-degree murder for stomping on the girl’s stomach.
Medical testimony established that Rachelle Pelletier’s small bowel was severed, which caused bacteria to build up and led to organ failure and death.
Prosecutors had argued that Earle failed to seek appropriate medical attention for the 21-month-old. But the Supreme Judicial Court ruled that the evidence of malice was “legally insufficient” to support Earle’s second-degree murder conviction.
Earle’s lawyer, Michael Schneider, said his client still feels “horrible” about the loss of her child but was “thrilled” with the court’s ruling.
“Peggy has known in her heart that she had no involvement in this thing whatsoever,” he said. “Twenty-five years later she’s glad to put it behind her.”
Plymouth District Attorney Timothy Cruz, whose office prosecuted the case, said he was “gravely disturbed” by the reversal.
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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.