Indiana Supreme Court considers eavesdropping case

Employment Law

The Indiana Supreme Court has taken up an eavesdropping case that could result in a new state standard to determine when prosecutorial misconduct is so egregious that a criminal suspect can no longer be made to stand trial.

The court heard arguments last week in a case involving a Long Beach murder suspect, John Larkin, whose supposedly private conversation with his attorney in a police interrogation room was recorded. The video was then viewed by LaPorte Chief Deputy Prosecutor Robert Neary, who ordered a transcript of the conversation and gave it to a special prosecutor handling the murder case.

Last month, the Supreme Court suspended Neary's law license for four years.

Court records show that police or prosecutors likely tampered with evidence before providing it to the defendant's examiner as well, the (Northwest Indiana) Times reported .

Deputy Attorney General Eric Babbs asked the high court to overturn the LaPorte Circuit Court decision that tossed the voluntary manslaughter case against Larkin. The case was affirmed in June by the Indiana Court of Appeals.

Babbs requested that prosecutors be given the opportunity to prove that not all evidence in their case is tainted. Babbs also argued for the ability to proceed to trial with whatever evidence a judge finds was properly obtained.

Larkin's attorney Stacy Uliana said Babbs' requests are "too little, too late."

The justices didn't indicate when they will issue a ruling. There isn't a statutory timeline for a decision by the high court.

The Indiana Supreme Court has taken up an eavesdropping case that could result in a new state standard to determine when prosecutorial misconduct is so egregious that a criminal suspect can no longer be made to stand trial.

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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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