Attacks On / Reversals of Murder Convictions

In an almost 20-year-old case, an innocent man was convicted of the murder of a child who died from injuries purportedly sustained from "shaken baby syndrome." He was sentenced to a term of five years to life in prison. Brown, Bradshaw & Moffat became involved after the verdict and after the defendant was already serving a prison sentence. After discovering new evidence that showed that the defendant could not have committed the offense, a motion for new trial was filed. Based upon this new evidence, and prior to the full appeal being heard, Brown, Bradshaw & Moffat secured the defendant's release from prison. The Utah Supreme Court thereafter reversed the conviction. Based upon the newly discovered evidence establishing the defendant's innocence, the State dismissed the case without retrial.

The defendant was charged with murder in an apartment in Park City, Utah. Brown, Bradshaw & Moffat presented the defendant's self-defense case to the jury. The first jury could not reach a unanimous verdict, resulting in a hung jury. The case was retried, and the second jury also did not find the defendant guilty of murder, but guilty of the lesser offense of manslaughter.