A killer who seven years ago dismissed his conviction appeal cannot now be allowed to reinstate it, the Utah Supreme Court has decided.
John Patrick Bruner asked the high court to reinstate his criminal appeal. He claimed his constitutional rights were violated when his first appeal was dismissed, even though it was at his request.In May 1989, a jury found Bruner guilty of capital murder in the Sept. 11, 1987, shooting death of William Heyniger, 52. The victim was a guest in an Emigration Canyon home when Bruner shot him and took belongings from the house.
The jury decided against the death penalty for Bruner, who was then 22. He instead was sentenced to a minimum mandatory term of life in prison, plus a consecutive term of one-to-15 years for a burglary conviction.
Bruner's court-appointed trial attorneys, Frances Palacios and Lynn Brown of the Salt Lake Legal Defenders Association, filed initial appeal documents with the Utah Supreme Court.
But in August 1989, Bruner signed an affidavit indicating he wanted to withdraw his appeal. That affidavit was filed with the state Supreme Court, and the case was dismissed.
More than four years later, Bruner sought to reinstate the appeal, arguing his attorneys had not properly advised him about the consequences of withdrawing it.
Bruner claimed neither of his attorneys spoke to him before the case was withdrawn; Palacios said she spoke to Bruner via telephone and visited him in prison.
Third District Judge David S. Young dismissed Bruner's petition, finding he had knowingly and voluntarily withdrawn the earlier appeal.