The lawyer of a 26-year-old man convicted of second-degree murder in the death of Olds College student Nicholas Baier has suggested an appeal of both the conviction and the sentence.
"I have recommended to my client that he appeal,î Calgary lawyer Andre Ouellette said in an interview. "I feel that the Court of Appeal should review the judge's charge to the jury to make sure that everything was done properly.
"And the other thing is I think the sentence is excessive in the sense that the minimum should have been between 10 and 12 years as opposed to 14 years.î
Ouellette said he would not himself launch or conduct an appeal.
"I never conduct appeals of my own cases,î he said.
On Dec. 14, Jeffrey Leinen, 26, was convicted of second-degree murder and aggravated assault and was sentenced to 14 years in prison.
Baier, 18, was run over and killed outside the Texas Mickey bar in Olds on Oct. 29, 2010. A second student was struck and injured by the same vehicle.
During Leinen's three-week trial, the jury heard he deliberately drove into a group of people after being kicked out of the bar.
Leinen has until Jan. 14 to file a notice of appeal with the Court of Appeal.
