Posts tagged: idaho supreme court
COEUR D’ALENE, Idaho (AP) — A North Idaho man whose conviction of second-degree murder was overturned will stand trial again on the charge this month.
The Coeur d’Alene Press reports that 50-year-old Jonathan W. Ellington’s three-week jury trial is expected to start Aug. 29 in front of 1st District Judge John Luster.
Ellington, of Hayden, was convicted in August 2006 after prosecutors said he was involved in a road-rage incident that turned deadly when 41-year-old Vonette Lee Larsen was run over.
But earlier this year, a unanimous Idaho Supreme Court threw out his convictions and granted him a new trial. The high court cited prosecutorial misconduct and the likelihood that an Idaho State Police officer committed perjury in its ruling.
A man who was released from prison last week after his second-degree murder conviction was overturned turned himself in Wednesday to the Kootenai County Jail to await a new trial.
Jonathan Wade Ellington, 50, was sentenced to 25 years in prison and 15 years each on two counts of aggravated battery charges for running over a woman in what prosecutors called a road-rage incident Jan. 1, 2006.
The state Supreme Court ruled unanimously May 27 that Ellington, of Hayden, should get a new trial. Ellington's attorney, Anne Taylor, said she will seek a reduction of her client's $1 million bond
. Kootenai County Prosecutor Barry McHugh, however, said he will request that the bond remain where it was set.
A status hearing has been scheduled for 2:30 p.m. on Monday in 1st District Judge John Luster's courtroom.
A veteran state trooper accused of perjury in an Idaho Supreme Court decision that vacated a murder conviction has been placed on paid leave.
Cpl. Fred Rice is accused of lying on the stand during the road rage trial of Jonathan Wade Ellington of Athol, who was convicted of second-degree murder for running over a woman on New Years Day 2006. Ellington is serving a 25-year prison sentence.
Read the full statement from Idaho State Police at the Eye on Boise blog.
BOISE – State Supreme Court justices have thrown out the second-degree murder conviction of a North Idaho man, citing prosecutorial misconduct and the likelihood that an Idaho State Police officer committed perjury during the 2006 trial.
Jonathan Wade Ellington, of Hayden, was sentenced to 25 years for second-degree murder and 15 years each on two counts of aggravated battery charges for running over a woman during what was described as a road-rage encounter on New Year’s Day 2006.
But Friday, Idaho’s high court unanimously ruled Ellington should get a new trial. In the 32-page ruling, the justices wrote the Kootenai County prosecutor engaged in misconduct during the trial, in part by engaging in improper questioning meant to turn the jury against Ellington.
When Ellington was sentenced in December 2006, his girlfriend, Ann Thomas, vowed to appeal. “Eventually, it’ll get to a real court,” Thomas said. Ellington called the case against him “mind-boggling.” “I don’t understand this – I never will,” he said. Read that story here.
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