States brief ~ Ohio high court to decide grandparent visitation rights

[JURIST] Leading Tuesday's states brief, the Supreme Court of Ohio heard arguments today in a case concerning the visitation rights of grandparents. Since the 2002 US Supreme Court decsion in Troxel v. Granville [PDF opinion] Ohio courts have issued conflicting rulings on the state's custody law. The grandparents are appealing the decision of the Court of Appeals Ninth Judicial District [PDF text] that found in favor of the father. NewsNet5 has more.

In other state legal news ...

  • Illinois Governor Rod. R. Blagojevich [official website] has signed a new law which will require over 200 prison inmates to submit DNA samples [government press release]. The law [text] requires inmates sentenced to life in prison or death to provide a DNA sample. Since 2002 every felon in the state has been required to give a DNA sample after sentencing and before being released from the state's custody. The 2002 legislation did not address the DNA collection of prison inmates sentenced to life in prison or death before 2002. The new law will close that loophole and may provide help in solving open criminal cases. The Chicago Sun-Times has more.

  • The Colorado Supreme Court [official website], has ruled that the medical condition of insulin-induced hypoglycemia may constitute an affirmative defense of involuntary intoxication depending on the circumstances. The Supreme Court found that a man convicted of attempted second degree murder and first degree assault should have been allowed to raise the condition as an affirmative defense if he could show he met the conditions of involuntary intoxication under Colorado law. If his attorneys can now show he met the required conditions, the man, a diabetic, will receive a new trial. While this decision is a first in Colorado, courts in Washington and Texas have ruled that insulin-induced hypoglycemia may be used as a defense. Read the opinion here. The Denver Post has local coverage.


 

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