Idaho high court: No new trials for 6 on death row
Lawyer Blogs
The Idaho Supreme Court has denied requests from six death row inmates who said they were entitled to new trials because a U.S. Supreme Court ruling made after their convictions called on juries, not judges, to impose the death penalty.
All the men argued that the state violated their Sixth Amendment due process rights because they were sentenced to death by a judge instead of a jury, as required under the 2002 federal decision.
But in a unanimous ruling handed down Friday, the Idaho Supreme Court noted that their cases were all appealed and the judgments made final before the U.S. Supreme Court ruling was issued — and that 2002 decision can't be retroactively applied to the Idaho inmates' cases.
All six inmates have appeals in various stages of state and federal court that will now move forward.
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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.