Court Decision Could Affect Wis. Appeal
Lawyer Blogs
An accusatory letter penned by a woman who turned up dead ultimately helped a jury convict her husband. But it also could be what gets him a new trial in the nearly 10-year-old case.
A jury convicted Mark Jensen last week of killing Julie Jensen on Dec. 3, 1998, in their Pleasant Prairie home. Some jurors cited the letter as a key piece of evidence.
Julie Jensen left the note with a neighbor to give to police if something happened to her.
"I pray that I am wrong and nothing happens, but I am suspicious of Mark's suspicious behaviors and fear for my early demise," Julie Jensen wrote in the letter. She said she refused to leave because of their two young sons.
Mark Jensen, her husband of 14 years, claimed she was depressed, committed suicide and framed him. At the time, Mark Jensen was having an affair with a woman he has since married.
He faces a mandatory penalty of life in prison during sentencing, set for Wednesday. The judge was to determine if he should ever be eligible for parole.
The U.S. Supreme Court will hear a California case with similar elements in April. Legal experts say if the court overturns that conviction, it could pave the way for Mark Jensen to get a new trial.
"It would surprise me if he didn't get a new trial based on that," said Phillip A. Koss, a University of Wisconsin-Madison adjunct professor and Walworth County district attorney.
Mark Jensen, now 48, was charged with first-degree murder in 2002, but legal wrangling over evidence delayed the trial repeatedly.
The evidence included the letter, as well as Julie Jensen's statements to police, a neighbor and her son's teacher about her suspicions.
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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.