The measure to limit death penalty appeals, criticized by the state's judiciary and editorial boards, had been put forth by Utah's attorney general.
"Death penalty appeals amendment fails in Utah House," is today's Salt Lake Tribune's report by Sheena Mcfarland.
A visibly upset Attorney General Mark Shurtleff left the House Thursday morning after representatives shot down a constitutional amendment that would streamline the post-conviction death penalty appeals process.
"This is a travesty. It's a huge blow to the victims," said Shurtleff, who was surprised at the outcome after having commitments from enough lawmakers to get the two-thirds majority needed to pass the bill. "I was sitting next to the parents of [murdered] Maureen Hunsaker, and they wonder if they will live long enough to see justice. They get lip service, but nothing done for them."
Many lawmakers said they had deep sympathy for victims' families, but didn't want to circumvent the legislative process. The Constitutional Revision Commission had not ruled on the constitutionality of the bill, but Rep. Sheryl Allen, R-Bountiful, who sits on the commission, said it had many unintended consequences.
"Words matter, and we need to look at this very carefully," said Allen, pointing out that a house committee had not vetted the bill.
She and several others also argued that the amendment will not be on the ballot for voter approval until November 2010, and that there was no need to rush.
"House kills death penalty amendment," is Bob Bernick's report in the Deseret News.
The House killed a constitutional amendment Thursday that would have said the Legislature gets to decide post-conviction appeals, especially in death penalty cases.
The bill was being pushed by Attorney General Mark Shurtleff but was opposed by various groups, including some attorneys.
It takes a two-thirds vote (50 in the House) to approve a constitutional amendment. And HJR14 failed to get that, 38-35.
Rep. Kay McIff, R-Richfield, a former state judge, said there was no emergency to pass this controversial amendment, since it wouldn't go on the ballot for citizen approval until November 2010.
He added that the amendment turns constitutional reasoning upside down. The amendment says that the Legislature gets to detail conviction appeals, rather than the judicial branch of government. And that is not wise, he said.
Earlier coverage is here.
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