Court reinstates late Aaron Hernandez's murder conviction
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Massachusetts' highest court on Wednesday reinstated the late Aaron Hernandez's murder conviction, which was erased after the former NFL star killed himself in prison.
The Supreme Judicial Court also scrapped the legal principle that wiped out Hernandez's conviction for future cases, calling it "outdated and no longer consonant with the circumstances of contemporary life."
"We are pleased justice is served in this case, the antiquated practice of vacating a valid conviction is being eliminated and the victim's family can get the closure they deserve," Bristol County District Attorney Thomas M. Quinn III said in a tweet.
Hernandez was convicted in 2015 of killing semi-professional football player Odin Lloyd. Two years later, the 27-year-old killed himself in his prison cell days after being acquitted of most charges in a separate double-murder case.
A judge threw out Hernandez's conviction that year, citing the legal principle that holds that a defendant convicted at trial who dies before an appeal is heard should no longer be considered guilty in the eyes of the law, thereby returning the case to its pretrial status.
Under the doctrine, rooted in centuries of English law, a conviction should not be considered final until an appeal can determine whether mistakes were made that deprived the defendant of a fair trial, legal experts say.
Prosecutors argued the legal doctrine is outdated and unfair to victims. Quinn told the court that the defendant's estate should be allowed to appeal the case, if they wish. Otherwise, the conviction should stand, he argued.
Under the new rule laid out by the court, the conviction will stand but the court record will note the conviction was neither affirmed nor reversed because the defendant died while the appeal was pending.
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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.