Murder conviction of mom reversed in California
Lawyer Blogs
An appeals court panel has reversed the murder conviction of a mother accused of driving her teenage son and his friends to a Southern California park where a 13-year-old rival gang member was stabbed to death.
The 2nd District Court of Appeal panel ruled 2-1 on Monday that jurors in the case of 33-year-old Eva Daley were given an "impermissibly ambiguous" jury instruction during the 2008 trial.
Associate Justice Laurie D. Zelon wrote that case records don't show the jury based its verdict on a legally valid theory, so the conviction should be reversed.
Daley had been convicted of second-degree murder for the 2007 death of Jose Cano.
Prosecutors argued that Daley wanted revenge because Cano allegedly stabbed her son six months earlier.
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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.