New trial on the way for Cranbrook murder

The wheels of the legal system continue to turn for Cheyenne Learn, who was convicted of second degree murder 2009.

The wheels of the legal system continue to turn for Cheyenne Learn, who was convicted in 2009 of second degree murder in the December 2007 shooting death of Tammy Ellis.

In May, the B.C. Court of Appeal ordered a new trial for Learn, who was sentenced to life in prison with no hope of parole for 16 years.

However, Appeal Court Justice Ian Donald said the trial judge misdirected jurors before their verdict.

On Tuesday, June 25, lawyers for the Crown and Learn’s defense appeared briefly in Cranbrook Supreme Court, saying they are not yet ready to set a date for a new trial.

Learn was not present in person or via video for the brief matter, which was set over for August 19.

In the appeal, Learn’s defense held that the trial judge made a mistake when he talked to the jury about the necessary intent required to convict someone of murder.

Cheyenne Manuel Learn, 53, was convicted in the fatal shooting of Tammy Ellis, a friend of his former girlfriend, at Ellis’s home in December 2007.

With files from the Vancouver Sun