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.
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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.