NC high court reviews death penalty of man who beheaded wife
Criminal Law
North Carolina's highest court is reviewing whether justice means the death penalty for a survivor of El Salvador's blood-soaked civil war of the 1980s who strangled and then decapitated his estranged wife.
The state's Supreme Court hears oral arguments Monday on whether the state can execute 41-year-old Juan Carlos Rodriguez of Winston-Salem for the 2010 murder of his wife, Maria. The high court automatically reviews death cases.
North Carolina is rare among southern states in that it hasn't had an execution in more than a decade because of various legal challenges. While the state has continued to suffer 500 to 600 murders a year, prosecutors have sought the death penalty only a handful of times each year and juries have condemned killers in only a fraction of those cases.
Rodriguez's children told investigators their father beat and bloodied Maria Rodriguez after she told them she was leaving in November 2010. He tossed the woman's still-breathing body over his shoulder, placed her in his vehicle, and said he was taking her to a hospital. Maria's body and severed head were found at different locations three weeks later, after Juan was already jailed for her kidnapping.
Justices are holding hearings in the case for the second time in almost exactly a year. Monday's hearing comes after the U.S. Supreme Court ruled this spring that states needed to use current medical standards in deciding whether a killer is so mentally disabled he can't be executed. The U.S. constitution bans "cruel and unusual punishments," and that has been interpreted to prohibit executing people with severe mental shortcomings.
Rodriguez's IQ was estimated several times at below 70, a threshold for significantly impaired intellectual functioning. But accused killers in North Carolina also must show significant inability to adapt to daily life and that their mental handicaps were evident before adulthood.
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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.