Lawyers propose new measure to limit death-row appeals
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The Salt Lake Tribune: Opponents of a proposed constitutional amendment that would limit criminal appeals were adamant that changing the Utah Constitution was the wrong way to deal with death penalty cases that drag on for years. On Thursday, they switched tactics and proposed their own constitutional amendment. While presenting the measure to the Utah Constitutional Revision Commission, the authors -- former Utah Supreme Court Justice Michael Zimmerman and Salt Lake City attorney Troy Booher -- still insisted it was better to just leave the Constitution alone. But, they said, if the commission does ultimately recommend a constitutional amendment, they want it to be theirs. A proposed amendment by the Attorney General's Office would allow the Legislature, rather than the courts, to limit the claims in all criminal cases that could be considered in post-conviction relief petitions, which are brought after a conviction and sentence have been upheld. The counterproposal by Zimmerman and Booher would put a time limit on raising challenges to a capital conviction or sentence, rather than a limit on the issues that can be raised. In addition, their amendment would apply only to death penalty cases and let judges continue to rule on what claims are allowed. Booher said there is no incentive for delay in non-death penalty cases because the inmates already are serving their prison sentences.
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