Skip to main content

Posts

Showing posts with the label Unconstitutionality of Utah DP

Utah Judge Clears the Way for the First Firing Squad Execution in More Than a Decade

Ralph Leroy Menzies, who has been on Utah’s death row for 35 years , has an unusual attitude toward the penalty that awaits him. One the one hand he says that if the state is going to execute him it must use the firing squad . On the other, he contends that execution by that method would constitute cruel and unusual punishment and violate Utah’s Constitution. As the state attorney general’s office notes , Menzies was “convicted in 1988 and sentenced to death for the brutal murder of Maurine Hunsaker, a young mother of three who worked as a Kearns convenience store cashier.” Two years earlier, it alleges that Menzies “kidnapped Hunsaker from her job and took her to Big Cottonwood Canyon…. Her body was found two days later, tied to a tree with her throat slashed.”

Judge dismisses lawsuit by 5 death row inmates, upholds Utah's death penalty statute

SALT LAKE CITY — A lawsuit filed by five Utah death row inmates claiming the state's capital punishment statutes equate to cruel and unusual punishment has been dismissed. On Friday, 3rd District Judge Coral Sanchez agreed with a motion filed by the Utah Attorney General's Office that the lawsuit filed by Ralph Menzies, Douglas Carter, Troy Kell, Michael Archuleta and Taberon Honie should be dismissed.

USA | Lawyers argue Utah's death penalty is unconstitutional

OGDEN, Utah (AP) — Attorneys in a Utah homicide case have urged a judge to declare the death penalty unconstitutional arguing the sentencing portion of the law shifts the burden of proof to defendants. An attorney representing Miller Costello, 28, said in a motion filed last month that aggravating factors already have been decided at trial, putting the responsibility on the defense during the sentencing phase, the Standard-Examiner reported. Costello and his wife Brenda Emile, 25, have been charged with capital murder in the 2017 death of their daughter Angelina Costello. The girl, 3, suffered prolonged abuse, authorities said, adding that she had bruises, cuts, burns and open sores around her body. The Weber County attorney's office is seeking the death penalty against both parents if convicted. During trial prosecutors must convince a jury that a least one aggravating circumstance, such as child abuse, occurred to justify the capital murder charge. Cost...