State says Sheperd's killer got justiceAssociated Press
LARAMIE, Wyo. - One of two men convicted of murdering Matthew Shepard five years ago should not be given a chance to argue for a lighter sentence, according to an attorney for the state.
Russell Henderson filed a petition April 2 with state District Judge Jeffrey A. Donnell asking the judge to find he was denied effective assistance after his guilty plea to felony murder and kidnapping.
Henderson received two consecutive life terms without parole.
His attorney, Tim Newcomb, claimed that lawyers failed to consult with Henderson regarding any of his rights as provided by law following a guilty plea. He also said Henderson should be allowed to argue that his sentence was disproportionate to others serving time for similar crimes.
Newcomb has asked that if Donnell finds Henderson was denied effective assistance that a one-year clock be restarted for filing a request for sentence reduction.
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