28 January 2010 :

House committee passes bill that would limit death-row appeals. House Bill 19, designed to reduce appeals in criminal cases, especially those filed by death-row inmates, got a favorable recommendation by the House Law Enforcement and Criminal Justice Committee. The 10-0 vote moves the measure to the full House. House Bill 19 tweaks the Post-Conviction Remedies Act, which limits the claims that defendants can raise after they have been convicted and lost an initial appeal. The bill would allow a state court judge to dismiss a petition for post-conviction relief on a procedural basis, such as missing a filing deadline, without assessing the merits of the appeal. Both the act and the bill's proposed change allow an exemption for defendants claiming their lawyers provided ineffective assistance. The legislation was written to work in conjunction with a change to Utah Supreme Court rules that went into effect on Jan. 4. That rule change also provides a procedural basis for a state judge to dismiss a post-conviction appeal without a merits review. The measure could end a long battle over a proposal by Utah Attorney General Mark Shurtleff to amend the state constitution to allow the Legislature, rather than the courts, to limit the claims in all criminal cases. Shurtleff wanted the constitutional change to streamline death-row appeals, which can delay executions for years. Opponents had argued that amending the Utah Constitution could eliminate the ability of judges to consider innocence claims in any criminal case and would upset the balance of powers among the 3 branches of government. The chief sponsor of HB19 is Rep. Kay McIff, R-Richfield, a lawyer who studied the issue last year with a task force of lawmakers, lawyers, legal experts and court representatives.