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STATE v. HALES

No. 20050131.

152 P.3d 321 (2007)

2007 UT 14

STATE of Utah, Plaintiff and Appellee, v. Warren Clifford HALES, Defendant and Appellant.

Supreme Court of Utah.

January 30, 2007.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Laura B. Dupaix, Janis K. Macanas, Asst. Att'ys Gen., Salt Lake City, for plaintiff.

James C. Bradshaw, Mark R. Moffat, Ann Marie Taliaferro, Salt Lake City, for defendant.

DURRANT, Justice:

INTRODUCTION

¶ 1 In December 1997, Luther Deem ("Luther") died at the age of twelve due to complications from severe brain injuries that he sustained in December 1985 as a five-month-old infant. In February 2000, a little more than two years after Luther's death, the State charged Defendant Warren Hales with murder, alleging that in 1985 Hales shook the then-infant Luther violently, causing...

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