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SALT LAKE CITY (AP) -- A death-row inmate wants the Utah Supreme Court to let him proceed with his appeal of his capital murder conviction.
Yesterday, Ronnie Lee Gardner's attorney argued before the high court that his client should be allowed to challenge an inadequate jury instruction. This despite the fact, Gardner never brought up the issue when he first filed the appeal.
The high court's decision will determine whether Gardner will be allowed to continue his appeal before a federal court.
Gardner is on death row for shooting and killing attorney Michael Burdell and injuring a bailiff during a failed escape attempt from the Salt Lake County courthouse back in 1985.
(Copyright 2006 by The Associated Press. All Rights Reserved.)
