Hands Off Cain
NEWS ARCHIVE·DEATH PENALTY·FEBRUARY 1, 2011

USA - Utah. House Bill 202 (lesser appeals) was passed by the House

USA - Utah. House Bill 202 (lesser appeals) was passed by the House

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House Bill 202 was passed by the House, 67-5. It now goes before the Senate. House Bill 202 would make the appeals process fair and assure the state it had not made a mistake in prosecuting someone charged with murder, but at the same time "it recognizes that 25 years is too long," said the bill's sponsor, Rep. Kay L. McIff, R-Richfield. McIff said it took the state 25 years to execute Ronnie Lee Gardner because Gardner was able to file 4 post-conviction petitions. The courts rejected all the petitions as being without merit, but it still cost the state "hundreds of thousands of dollars" and added years between conviction and Gardner's execution. Gardner was convicted of murdering Michael Burdell during an attempted escape from a Salt Lake City courthouse in 1985. The bill would allow one post-conviction petition for further review by the courts. It also does not allow a defendant to hold back any claims of a mistake they believe may have occurred either during trial or during the appeals process, McIff said. McIff said the defendant has to bring every claim of wrongdoing to the court of appeal the 1st time.
SOURCES
  • (source: Standard Examiner, 01/02/2011)