Court to weigh cocaine cases, could alter sentencing in Ohio
Lawyer Blogs
Prosecutors across Ohio are concerned that a ruling under review by Ohio's top court could delay and shorten sentences for suspects caught with cocaine and force costly changes upon law enforcement.
The state Supreme Court will hear arguments Tuesday on whether to uphold an appeals court decision calling into question how prosecutors have handled cocaine cases for years. It all comes eastdown to weight.
A state appeals court in Toledo ruled last year prosecutors should have determined how much pure cocaine a suspect arrested in a drug sting had with him or her instead of sentencing him based on the weight of the entire amount.
The appeals court ruled that Ohio's drug laws say that what matters is the weight of the cocaine only ? not filler material such as baking soda that's often added by drug dealers to stretch out their supply and increase profits.
Prosecutors along with the state Attorney General's office argue that such a narrow interpretation creates a new distinction for cocaine that isn't applied to any other illegal drugs.
Related listings
-
Perry's indictment in hands of top Texas criminal court
Lawyer Blogs 11/20/2015Attorneys for former Texas Gov. Rick Perry urged the state's highest criminal court Wednesday to dismiss felony abuse-of-power charges that the Republican blames in part for foiling his short-lived 2016 presidential run. After two hours of arguments,...
-
Appeals court upholds injunction halting health mandate
Lawyer Blogs 09/18/2015A federal appeals court ruled Thursday that President Barack Obama's health care law unjustly burdens religiously affiliated employers by forcing them to help provide insurance coverage for certain contraceptives, even though they can opt out of dire...
-
Washington Supreme Court rules against Backpage.com
Lawyer Blogs 09/04/2015The website Backpage.com may not be immune from state liability law and a lawsuit filed by three young girls who said they were sold as prostitutes on the website can proceed to trial, the Washington Supreme Court ruled Thursday. In a 6-3 deci...
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.