Alabama inmate seeks execution stay from US Supreme Court

Headline Legal News

An Alabama inmate on Friday asked the U.S. Supreme Court to stay his upcoming execution to consider whether a judge should have been able to give him a death sentence when the jury recommended life imprisonment.
 
Ronald Bert Smith is scheduled to be executed by lethal injection next Thursday for the 1994 slaying of Huntsville convenience store clerk Casey Wilson. A jury recommended life imprisonment without parole by a 7-5 vote, but a judge sentenced Smith to death.

"Alabama is the only state that allows a judge to sentence a defendant to death when the jury has recommended a sentence of life," lawyers for Smith wrote in the petition, noting that Florida and Delaware abolished that capability this year.

The petition could put the issue of judicial override before the court.

The U.S. Supreme Court in January struck down Florida's similar sentencing structure because it gave too much power to judges. Justices ruled that "the Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death."

Smith's lawyers argued that Alabama's death penalty structure is also unconstitutional because an Alabama jury can recommend a sentence of life without parole, but a judge can override that recommendation and impose a death sentence.

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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.

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