Gardner v. State of Utah, 2010 UT 46, (Utah Supreme Court June 14, 2010).
Gardner was found guilty of the 1985 slaying of an attorney in an attempt to escape from custody. He was sentenced to death. After his execution warrant was issued he appealed. Gardner argues several grounds for stay or recession his sentence. However, the Supreme Court found that his claims are barred, because they were not brought within the limits set by the Post-Conviction Remedies Act. Further, the Court finds that at all levels in his original trial and subsequent appeals that the courts have strived to protect Garnder’s due process rights. The Court found that it was not in the interest of justice to overturn the district court’s summary judgment denying Gardner’s request for post-conviction relief.
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