Archive for October, 2009
In the latest podcast from Divorce Talk Radio, host and Raleigh divorce lawyer Lee Rosen discusses what impact the new alienation of affection laws that went into effect on October 1, 2009 have on extramarital relationships and answers listener questions about whether relationships that begin after the date of separation are still subject to law suits from the estranged Read more
Michael Jackson’s family is grasping at straws if they think they “have something” on Michael’s executor, John Branca. According to Read more
Drew Peterson’s defense was dealt a blow Friday when a Will County judge upheld a new law that allows prosecutors to use hearsay evidence against him in his upcoming murder trial. His defense team, which argued the law is unconstitutional, sought to bar as evidence certain statements and letters Peterson’s third wife, Kathleen Savio, is said to have made before her 2004 slaying in the midst of their heated divorce. Attorney Joel Brodsky argued the law, enacted in December, allows in unreliable rumor and innuendo and violates the former Bolingbrook police sergeant’s 6th Amendment right to confront his accuser. Furthermore, Brodsky noted the law was passed after the crime was committed and, thus, should not be applied retroactively. “It is disappointing,” Brodsky said. “It’s a bad law. I hate to even call hearsay evidence, evidence. You can’t rebut it. You can’t question it. Whatever you think about Drew Read more
By Michelle Marcotte NACOGDOCHES – Kyle Barnhill received the maximum sentence of life in prison and a $10,000 fine Friday for the March 11 death of his estranged wife, Melissa Barnhill, whom he fatally shot while she cooked dinner for their two daughters. Barnhill was found guilty Thursday, and the jury debated the punishment phase on Friday. He will become eligible for parole in 30 years. In closing statements before the jury left to deliberate for approximately 45 minutes, defense attorney Bill Agnew pointed out several events in Barnhill’s life that led up to the night he fatally shot his wife — bankruptcy, being kicked out of his home and the loss of time with his daughters. “Mr. Barnhill was in a very, very, very vulnerable situation,” Agnew told jurors, adding that he was not trying to excuse Read more
The Nacogdoches Daily Sentinel
Saturday, October 03, 2009
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KYLE BARNHILL
A Texas judge has given the green light to gay divorce. The judge ruled that two Dallas men seeking to dissolve their same sex-marriage can go forward with the divorce on the grounds that Texas’ ban on same-sex marriage violates their constitutional right to equal protection under the law. The Texas attorney general argued the court does not have jurisdiction to hear the suit for divorce on the grounds that Texas does not recognize same-sex marriage pursuant to a 2005 state constitutional amendment banning gay marriage. As such, the court cannot possibly grant the two Dallas men a divorce since their marriage is not legally recognized by the state of Texas. However, the Dallas district court Judge disagreed ruling that the court “has jurisdiction to hear a suit for divorce filed by persons legally married in another jurisdiction.” While the attorney for the man who filed for the divorce says his client is “ecstatic”, Texas Attorney Read more
Friday, October 02, 2009 NACOGDOCHES — In the fourth day of testimony in the trial of Kyle Barnhill, the jury handed down a unanimous guilty verdict for the murder of his wife, Melissa Kesinger Barnhill. After both the prosecution and defense concluded their cases Thursday afternoon, the jury of four women and eight men took only about 20 minutes to deliver their decision to the court. The case promptly proceeded into the punishment phase, which is expected to last through Friday. Barnhill is eligible for up to 99 years in prison for the conviction. Thursday’s court proceedings also included emotional testimony from the defendant himself and from his young daughter, who told jurors of hearing the sound of shattered glass the night her mother died and finding her lifeless body on the floor of their Kings Row Street home last March. Melissa Barnhill was shot through her kitchen window as she prepared dinner for her two Read more
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KYLE BARNHILL
DALLAS (Reuters) – A judge in Dallas ruled on Thursday that the state court on which she sits has the jurisdiction to hear a divorce suit by a gay couple who were married outside Texas where same-sex marriages are banned. Dallas District Judge Tena Callahan said in the ruling that her court “has jurisdiction to hear a suit for divorce filed by persons legally married in another jurisdiction and who meet the residency and other prerequisites required to file for divorce in Dallas County, Texas.” Texas Attorney General Greg Abbott immediately said he would appeal the ruling in the latest battle over gay marriage in the United States. “The laws and constitution of the State of Texas define marriage as an institution involving one man and one woman. Today’s ruling purports to strike down that constitutional definition,” Abbott said in a statement. “The Office of the Attorney General will appeal the court’s Read more