Jeffs' appeal is denied
 Utah Supreme Court gives no reason for decision
 
By Geoffrey Fattah
Deseret Morning News
Warren Jeffs

Warren Jeffs

The Utah Supreme Court has shot down a request by attorneys for polygamist leader Warren Jeffs to weigh in on issues regarding his request for a change of trial venue and his being bound over on criminal charges.

In a one-page order issued Thursday, the state's highest court offered no explanation for its rejection, only stating, "It is hereby ordered the petition for interlocutory appeal is denied."

Jeffs' attorneys had filed the appeal last April, challenging a 5th District court judge's decision to bind over Jeffs to stand trial in St. George. Defense attorney Walter Bugden Jr. argued that Jeffs could not receive a fair trial in Washington County given the media attention in the case.

Jeffs, the 51-year-old leader of the Fundamentalist LDS Church, is accused of performing a marriage between a 14-year-old girl and her 19-year-old cousin. He is charged with one first-degree felony count of rape as an accomplice.

Bugden had also argued that state prosecutors had not given enough probable cause to show that Jeffs should be bound over on the charge. Bugden also wanted the Utah Supreme Court to review Utah's rape as an accomplice law as constitutionally vague.

Explaining the court's short response, Utah Courts spokeswoman Nancy Volmer said under court rules, it is typical for the high court to either accept or deny a petition for interlocutory appeal without offering a reason.

"In granting or denying interlocutory appeals, the court typically does not provide an explanation," Volmer said.

The case will now proceed in 5th District Court.

E-mail: gfattah@desnews.com
 
deseretnews.com
Originally published Friday, July 6, 2007
 
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