CANADA Canada - Nathan O'Brien, 5, Calgary, 30 June 2014 Media, Maps,Timeline, No Discussion

[otto]

"Douglas Garland has asked Alberta's highest court to overturn his convictions and sentence on three counts of first-degree murder in the deaths of a five-year-old Calgary boy and his grandparents.

Lawyers Kim Ross, Jim Lutz and Alias Sanders filed the notice of appeal at the Alberta Court of Appeal on Friday.

...
Garland's appeal argues the trial judge overemphasized the graphic nature of the evidence.

"The trial judge's comments to the jury about coping with disturbing evidence reflected bias, was prejudicial to the defence's case and undermined the presumption of innocence," reads the document.

The notice of appeal argues Garland's sentence of three consecutive parole ineligibilities is "excessive and harsh" and says the victim impact statements "exceeded the scope" of what is allowed according to the Criminal Code.

Garland is also appealing on the grounds that the judge should not have allowed evidence to go before the jury that had been gathered from the Airdrie farm where he lived with his parents. Ross and Lutz had argued before the trial that police didn't have a proper search warrant to gather that evidence.

...
He is back at the Edmonton prison after spending several days in hospital"

http://www.cbc.ca/news/canada/calgary/douglas-garland-appeal-murder-liknes-nathan-obrien-1.4027830

 

[liltexans]

https://crimewatchdaily.com/2017/05...urdered-remains-burned-over-business-dispute/

 

[MistyWaters]

https://www.cbc.ca/news/canada/calg...than-obrien-liknes-appeal-arguments-1.5128566

Alberta Court of Appeal reserves decision on whether to grant new trial for triple murderer Douglas Garland
“On Thursday, defence lawyer Alias Sanders argued that the trial judge, Justice David Gates, erred when he allowed evidence gathered from the farm to be presented to jurors.

On July 4, 2014, after police were pointed in Garland's direction — by his sister and brother-in-law — the lead detective directed a search of the farm, even though police did not have a warrant, believing the family members could still be alive.

"It's a laudable goal but doesn't conform with the constitutional rights of the accused," said Sanders.

While the law allows for searches under "exigent circumstances," Sanders argued the police did not have strong enough evidence linking Garland and the farm to the missing family.

Police had information suggesting Garland's truck was similar to the one spotted near the Liknes home the night of the killings. They also knew Garland held a grudge against Alvin Liknes. But, Sanders argued, those two pieces of information would not have justified a search warrant.

Sanders also argued the trial judge, Justice David Gates, overemphasized the graphic nature of the evidence, which she said was prejudicial to the defence's case and undermined the presumption of innocence....”

“The bodies of Kathy and Alvin Liknes and their grandson Nathan O'Brien have never been found, but DNA from all three was discovered at a farm just north of Calgary where Douglas Garland lived with his parents.(Coronationfuneralhome.ca)“....”