Supreme Court agrees to hear Briscoe appeal
The Supreme Court of Canada agreed Thursday to hear the appeal of an Edmonton man who is facing a new trial in the slaying of 13-year-old Nina Courtepatte.
Michael Briscoe is asking the country's highest court to review a decision by the Court of Appeal of Alberta, which granted the Crown's appeal of his 2007 acquittal on charges of first-degree murder, kidnapping and aggravated sexual assault.
The appeal court ordered a new trial after it determined that the original trial judge made an error in law by failing to consider whether Briscoe was "willfully blind to the harm his cohorts intended to cause the victim."
It is not known when the Supreme Court will hear Briscoe's appeal of that ruling.
Courtepatte's battered and bruised body was found on a golf course outside Edmonton in April 2005.
Five people were charged and tried in connection with her rape and murder.
In 2007, Joseph Laboucan was convicted on charges of first-degree murder, aggravated sexual assault and kidnapping, but the Court of Appeal of Alberta ordered a retrial on those charges.
The Crown has asked the Supreme Court to review that ruling.
Three others have been found guilty for their roles in Courtepatte's death.