Court Will Decide Wash. Shooting Case
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The Supreme Court agreed Monday to consider reinstating the murder conviction of the driver in a gang-related drive-by shooting that horrified Seattle in 1994.
The court will hear arguments in the fall in the case of Cesar Sarausad II. He was convicted for his role as the driver in the shooting in which Melissa Fernandes, 16, was killed and Brent Mason, 17, was wounded outside a Seattle high school on March 23, 1994.
The 9th U.S. Circuit Court of Appeals in San Francisco overturned the conviction because of faulty jury instructions.
In his instructions to the jury, Judge Larry A. Jordan said Sarausad could be convicted of murder regardless of whether he knew of any plan for a killing. The appeals panel ruled that the jury should have been told Sarausad could be convicted of murder only if he knew what was being planned.
The state of Washington asked the Supreme Court to reinstate the conviction, which had been upheld by state appeals courts.
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What Is Meant by ‘No-Fault’ Workers’ Compensation in Illinois?
If you were injured in a work-related accident and have been researching workers’ compensation, you may have seen it described as a “no-fault” system. One of the most important things to understand about the workers’ compensation system in Illinois is that it is based on a “no-fault” system. What does this mean, exactly?
Most employers in Illinois are required by law to have workers’ compensation insurance. And the workers' compensation in Illinois is a “no-fault” system, which means that any worker who has been hurt on the job is entitled to workers' compensation benefits. If you have been hurt on the job, you are entitled to workers’ compensation benefits no matter whose fault the accident was.
A no-fault insurance system, such as workers’ comp, works by paying claims regardless of who is to blame for an accident. This provides an important layer of protection for injured workers, sparing them from having to through additional litigation and the through the additional burden of proving who was at fault before receiving benefits.
In Illinois, even though you don’t have to prove that your injury was your employer’s fault, you do have to prove that your injury happened at work or as a result of work. If you would like help to file your workers' compensation claim, Krol, Bongiorno, & Given’s experienced workers' comp lawyers are here to help. With over 60 years of combined legal experience, the KBG law firm is a leader in the field of workers’ compensation law and we have earned the reputation as aggressive advocates for injured workers before the IWCC.