Court says defendant must be resentenced
Lawyer Blogs
The Iowa Court of Appeals has ruled a Washington County man convicted of shaking his 6-month-old daughter to death must be resentenced.
Jared York was found guilty of child endangerment with bodily injury and involuntary manslaughter. He was sentenced in 2005 to the maximum on both counts for a total of 10 years in prison.
Under Iowa law, a defendant can be convicted of either a public offense or a lesser offense, but not both. The public offense in York's case was child endangerment. The court ruled it was impossible to commit the greater offense without also committing the lesser offense.
The court said the two offenses would merge and there's no clear indication the Legislature intended cumulative punishments, as were given to York.
Related listings
-
Polanski stuck in jail; must pay full $4.5M
Lawyer Blogs 11/30/2009Roman Polanski remained in jail Monday, despite visits from his lawyer and a French diplomat, and it was unclear if the director had met Switzerland's demand of a full bail payment of $4.5 million to be released. The Swiss Justice Ministry declined t...
-
Federal court allows Dec. 8 execution in Ohio
Lawyer Blogs 11/25/2009A federal court has ruled that an execution set for Dec. 8 can go forward due to a change in Ohio's lethal injection policies.The 6th U.S. Circuit Court of Appeals in Cincinnati said Wednesday that the change renders moot Kenneth Biros' argument that...
-
Gay marriage momentum stalls in liberal NY, NJ
Lawyer Blogs 11/25/2009The state-to-state march to legalize gay marriage across the left-leaning Northeast has lost more momentum since a major setback three weeks ago at the ballot box in Maine.Since then, legislatures in New York and New Jersey have failed to schedule lo...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.