STATE v. GARDNER

Nos. 950330, 950344.

947 P.2d 630 (1997)

STATE of Utah, Plaintiff and Appellee, v. Ronnie Lee GARDNER, Defendant and Appellant. STATE of Utah, Plaintiff and Appellee, v. Gary SIMMONS, Defendant and Appellant. v.

Supreme Court of Utah.

September 30, 1997.


Attorney(s) appearing for the Case

Jan Graham, Atty. Gen., Carol Clawson, Solicitor Gen., Christine Soltis, Marian Decker, Asst. Attys. Gen., Salt Lake City, for the State.

Ronald J. Yengich, Hakeem Ishola, Salt Lake City, for Gardner.

Stephen R. McCaughey, G. Fred Metos, Salt Lake City, for Simmons.

Jensie L. Anderson, Salt Lake City, for amicus American Civil Liberties Union.


DURHAM, Justice:

This is a challenge to the constitutionality of section 76-5-103.5(2)(b) of the Utah Code, which permits the death penalty for aggravated assault by a prisoner. Two defendants charged with capital offenses under the statute have appealed from trial court rulings that the statute is constitutional, and we have consolidated their cases for review.

For purposes of clarity, it should be noted that only a portion of this opinion (part III. B.2...

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