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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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.