Ineffective Counsel Leads to Overturned Sentence
The Utah Supreme Court has overturned the death sentence of Douglas Lovell, a man convicted of murdering a woman to prevent her from testifying against him in a rape case. The court ruled on Thursday that Lovell had ineffective attorneys during his sentencing hearing, though it upheld his conviction. The case has been sent back to a lower court for resentencing.
Background of the Case
Douglas Lovell, now 66, was sentenced to death for the 1985 killing of Joyce Yost, who was set to testify against him in a rape case. Lovell had previously attempted to hire two different individuals to kill Yost, and when those plans failed, he abducted and strangled her himself. He was convicted of capital murder and sentenced to die by lethal injection, but later appealed the verdict.
Court’s Findings and Rationale
In a detailed 42-page opinion, the justices criticized the performance of Lovell’s attorneys during his 2015 sentencing. They specifically noted the attorneys’ failure to object or adequately respond to testimonies regarding Lovell’s excommunication from the Church of Jesus Christ of Latter-Day Saints. The court stated that this prejudiced the jury, preventing a fair assessment of the circumstances surrounding Lovell’s crimes.
“Lovell is entitled to a sentencing hearing free from this improper and prejudicial evidence,” the court declared.
Response and Next Steps
The Utah Attorney General’s Office has not yet determined whether Lovell could be sentenced to death again. Spokesperson Alex Curcio indicated that there is no immediate answer regarding the future course of action.
Lovell’s attorney in the appeals case, Colleen Coebergh, declined to comment on Thursday’s ruling.
Church Influence and Legal Proceedings
A state judge ruled in 2021 that the Church of Jesus Christ of Latter-Day Saints did not interfere with Lovell’s trial when it set guidelines for what local church leaders could testify about as character witnesses. Lovell had argued that these witnesses were either silenced by the church or were never contacted by his court-appointed attorney.
