Court: Judge wrongly found grandmother killer sane
Lawyer Blogs
The Indiana Supreme Court has determined a judge wrongly considered the condition of the state's mental health system in rejecting an insanity defense for a man convicted of stabbing his grandmother to death in front of family members.
In a 3-2 decision Wednesday, the justices said it was inappropriate for the judge to consider whether Gregory Galloway may have eventually been released if he was sent to a mental health facility.
Instead, he was found guilty but mentally ill and was sentenced to 50 years in prison. If he had been found insane, Galloway would have been sent to a mental hospital instead of prison.
"It is not for the judicial branch to decide that a legally insane defendant should be convicted and sentenced to prison because of the condition of the state's mental health system," Justice Frank Sullivan wrote in the 23-page ruling. "While we sympathize with the difficulty of the trial court's decision, we cannot sustain it."
Related listings
-
Get-rich-quick scheme targeted in U.S. court
Lawyer Blogs 12/24/2010Consumers who were willing to plunk down two dollars for information on how to make money quickly or gain U.S. government grants, wound up paying far more than they expected, according to documents filed in U.S. District Court.In a lawsuit filed in t...
-
Texans arrested in Iran funds investigation
Lawyer Blogs 12/22/2010A McAllen doctor and his attorney wife face arraignment Jan. 4 in Portland, Ore., after being charged with secretly sending more than $1.8 million to Iran in funds meant for a children's charity.Dr. Hossein Lahiji, 47, and Najmeh Vahid, 35, were arre...
-
Ernst & Young Said to Face Fraud Lawsuit Over Lehman Audits
Lawyer Blogs 12/20/2010Ernst & Young LLP may be sued for fraud as early as today by New York Attorney General Andrew Cuomo for allegedly helping Lehman Brothers Holdings Inc. mislead investors, according to a person familiar with the matter. Cuomo will be sworn in as g...
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.