The Utah Supreme Court has overturned the death sentence of Doug Lovell over discussion of religion and The Church of Jesus Christ of Latter-day Saints in a courtroom.
In a unanimous ruling issued Thursday, the state’s top court declined to overturn Lovell’s murder conviction. But the justices ordered a new sentencing, declaring his previous attorneys failed to adequately object when prosecutors brought up Latter-day Saint church doctrine in court.
“We agree that Lovell did not receive the representation the United States Constitution guarantees him. Lovell’s two attorneys provided ineffective assistance when they failed to object to, among other things, testimony regarding Lovell’s excommunication from the Church of Jesus Christ of Latter-day Saints,” Associate Chief Justice John Pearce wrote. “This prejudiced Lovell’s ability to have a fair sentencing hearing.”
Lovell was convicted of the 1985 murder of Joyce Yost. He was accused of killing her to prevent her from testifying against him for kidnapping and raping her. Yost’s body has never been found.
Lovell originally pleaded guilty the day his original trial was to begin. He promised to lead police to her body, which he claimed was in Ogden Canyon. He was then sentenced to die and appealed. In 2011, the Utah Supreme Court ruled he had not been properly advised of his trial rights and overturned his conviction. He went on trial all over again in 2015 and was convicted and sentenced to execution.
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