Estimated read time: Less than a minute
This archived news story is available only for your personal, non-commercial use. Information in the story may be outdated or superseded by additional information. Reading or replaying the story in its archived form does not constitute a republication of the story.
SALT LAKE CITY (AP) -- The Utah Supreme Court has reopened an appeal from a death row inmate, saying his lawyer provided "deplorable" representation that shortchanged the convicted man.
In a 54-page opinion issued yesterday justices cited numerous failures by lawyer Ed Brass in his appeal of the conviction and sentence of Ralph Leroy Menzies.
Menzies was convicted in 1988 of the murder of Maurine Hunsaker, a gas station clerk kidnapped from her job and later found dead in Big Cottonwood Canyon. He was sentenced to die for the crime.
Brass was court-appointed to handle Menzies' appeal in 1998 and withdrew from the case in 2003.
In the ruling, justices said Brass did little to help Menzies, refusing to take his phone calls, missing filing deadlines and waiting a year to tell his client a district judge had rejected an appeal motion.
The court rejected an argument from state prosecutors that Menzies should be held accountable for Brass' action.
The ruling will send the case back to 3rd District Court, where Menzies can argue for a new trial, or a new sentencing hearing.
(Copyright 2006 by The Associated Press. All Rights Reserved.)
