SALT LAKE CITY -- The Utah Court of Appeals has denied a request from an imprisoned man who wanted his attempted murder conviction overturned because he claimed he suffered emotional distress as a result of the stabbing.
The court ruled Thursday that that 25-year-old Cody Jesse Augustine's emotional distress was self-created.
In an unusual request, Augustine's attorney Stephen Howard argued during a hearing last month that the act of stabbing 17-year-old Justin Ennis in July 2008 triggered an adrenaline rush and fears that a friend who joined the assault using a medieval battle-axe could be hurt.
Howard said that the jury in the 2011 trial didn't adequately consider the distress Augustine was under.
Utah state prosecutor Karen Klucznik countered that that it wouldn't have mattered, saying no jury would have bought the claim.