Supreme Court to hear challenge of Leinen appeal in March

The Supreme Court of Canada has set a tentative date of March 21 for when it will hear the Crown’s appeal of a decision granting a new trial for a Calgary man convicted of killing an Olds College student three years ago outside the Texas Mickey bar.

The Alberta Court of Appeal released a decision in August allowing for a new trial for Jeffrey Leinen after two of three judges serving on the appeal court found that "the trial judge erred in failing to instruct properly on the legal significance of the panic attack defence," court documents state. The Crown announced its intention to challenge that decision in September because there was dissent amongst the appeal court’s three judges on a question of law.

Leinen was convicted in December 2011 of second-degree murder in the death of Nicholas Baier, 18, who was run down by a pickup truck outside the bar on Oct. 29, 2010. While drinking at the bar, Leinen got into a fight and three bouncers at the bar escorted him outside where he engaged in another fight before getting into his truck.

Someone hit the back of his truck from the outside and uttered obscenities or threats and Leinen accelerated the truck toward a crowd that had gathered outside the bar.

He hit and killed Baier and injured Dan Skocdopole, another Olds College student. Leinen, who was in his early 20s at the time of the incident, was also found guilty of aggravated assault against Skocdopole.

He was sentenced to life in prison with eligibility for parole in 14 years and is serving his sentence in Edmonton.

In his defence, Leinen had argued "that his acceleration was an involuntary panic response," according to the appeal court judgment.

Leinen launched an appeal of his conviction on the grounds that, during the trial, Justice Marsha Erb "misdirected the jury, and erred in admitting bad character evidence and allowing an expert to provide rebuttal evidence," the judgment states.

[email protected]

@paeverest

CHECK US OUT ON FACEBOOK!