High court to rule in Pennsylvania death case
Legal News Center
The Supreme Court agreed Monday to consider reinstating the death sentence for a convicted murderer who twice escaped from prison after being found guilty of bludgeoning and drowning a man who was planning to testify against him.
The justices said they will hear an appeal filed by prosecutors in Pennsylvania after the federal appeals court in Philadelphia upheld a lower court order throwing out the death sentence against Joseph Kindler for killing one-time accomplice David Bernstein in 1982.
The 3rd U.S. Circuit Court of Appeals said Kindler's lawyer was ineffective at the sentencing phase of his trial and also found problems with the instructions given to the jury.
State courts had never decided on Kindler's claims. Instead, those courts said Kindler forfeited the right to be heard on those issues because of his escapes.
Bernstein agreed to testify against Kindler about their roles in robbing a store. Kindler beat Bernstein with a baseball bat and an accomplice jabbed him with an electric prod. The two men dumped Bernstein in the Delaware River, but after discovering he was still alive, they managed to fill his lungs with water and tied a cinder block around his neck.
Related listings
-
Federal judge in sex case gets nearly 3 years
Legal News Center 05/12/2009A disgraced federal judge was sentenced Monday to nearly three years in prison for lying to investigators about whether he sexually abused his secretary. U.S. District Judge Samuel Kent was sentenced to 33 months Monday. He was also fined $1,000 and ...
-
Demjanjuk asks Supreme Court to stop deportation
Legal News Center 05/07/2009John Demjanjuk, branded by the U.S. government a Nazi death camp guard, on Wednesday asked the Supreme Court to stop his deportation to Germany, where an arrest warrant accuses him of 29,000 counts of accessory to murder during World War II. A federa...
-
Court: Different shootings bring same penalty
Legal News Center 05/01/2009The Supreme Court says accidentally shooting a gun during the commission of a crime should bring the same penalties as intentionally using a firearm. This came as the high court on Wednesday upheld the conviction and sentence of Christopher Michael D...
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.