OGDEN, Utah (Standard-Examiner) — Attorneys in a Utah homicide case have urged a judge to declare the death penalty unconstitutional arguing the sentencing portion of the law shifts the burden of proof to defendants. The Standard-Examiner reported that an attorney representing 28-year-old Miller Costello said that aggravating factors already have been decided at trial. Costello and his wife were charged with capital murder and face death if convicted. Costello’s attorney Randall Marshall argued that because an aggravating circumstance already has been determined if a jury finds a defendant guilty, it is unconstitutional to require a defendant to overcome that aggravating circumstance a second time during the sentencing phase. Prosecutor Chris Allred declined to comment Friday.