Smart case competency hearing begins second week
Lawyer Blogs
A New York psychiatrist is expected in federal court to discuss the religious writings of the man accused of abducting Elizabeth Smart.
According to Dr. Michael Welner, some of Brian David Mitchell's writings claim that Smart went with him willingly and with the permission of her parents.
Mitchell drafted the "Book of Immanuel David Isaiah II" after his arrest and interrogations by police in March 2003.
Welner is testifying as part of a 10-day competency hearing to determine whether Mitchell can stand trial in U.S. District Court. The competency hearing enters its second week Monday.
Mitchell is charged with kidnapping and unlawful transportation of a minor across state lines.
Prosecutors contend Mitchell is competent and faking an illness to avoid prosecution.
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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.