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Husband killer appeals case to U.S. Supreme Court

Megan Strickland | Hagadone News Network | UPDATED 9 years, 6 months AGO
by Megan Strickland
| May 26, 2016 12:48 PM

The Kalispell woman who killed her husband by pushing him off a cliff in Glacier National Park in 2013 has appealed her conviction to the U.S. Supreme Court after the 9th U.S. Circuit Court of Appeals ruled against another appeal in November 2015.

The appeals court declined to re-hear the case in February.

Jordan Linn Graham, 24, was sentenced to 30 years in federal prison for pushing her husband Cody Johnson, 25, off a cliff near The Loop days after the pair were married.

Court documents detailing the case were not immediately available, but the Supreme Court docket notes that a writ of certiorari, or request to send all of the documents from a lower court to a higher court, was filed on May 5.

The files were distributed for conference on Wednesday, meaning it is now up to the court whether or not it will take up the case. The court only takes up a small number of appeals that are filed each year.

In her previous appeal to the 9th Circuit, Graham argued that prosecutors and U.S. District Judge Donald Molloy had reneged on a plea deal that allowed her to plead guilty to second-degree murder. She received the maximum 30-year sentence after defense attorneys presented testimony about whether the crime was premeditated, something that her attorneys argued should not have been permissible.

The judges of the 9th Circuit disagreed.

“The government did not breach the plea agreement by arguing premeditation because the agreement contained no provision, express or implied, limiting such arguments,” the court ruled. “The government satisfied its obligations under the plea agreement when it dismissed the first-degree murder charge and the false statements charge in exchange for Graham’s plea to second degree murder.”

Michael Donahoe of the Federal Defenders of Montana is representing Graham. Donald B. Verrilli Jr. of the U.S. Solicitor General’s Office is representing the federal government in the case.

Graham is imprisoned in a low-security facility in Aliceville, Alabama.

Reporter Megan Strickland can be reached at 758-4459 or [email protected].

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