According to the high court, the jurors should have been instructed that in order to convict they had to find that it was Jeffs' intent that Elissa Wall be raped without her consent.
Because no such instruction was given, the court threw out Jeffs convictions and ordered a new trial. A spokesman for the attorney general says it hasn't been decided yet whether to retry the case.
The parties in the case could file a petition for a re-hearing with the Utah Supreme Court. (They have 14 days or more to do so.)The Supreme Court would then grant or deny the petition. If a petition for a re-hearing is not filed, the Supreme Court returns (remits) the record to the trial court within 30 days.
Within 30 days after the receipt of the remittitur, the trial court will schedule a hearing. See Rule 28 for more information Rule 28
Post a Comment